American Consumer Industries, Inc., Appellant,
v.
City of New York et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 29, 1967.
June 29, 1967.
Attorney(s) appearing for the Case
Stephen R. Steinberg of counsel (Frederick R. Adler and Carl E. Kaplan with him on the brief; Reavis & McGrath, attorneys), for appellant.
Stanley Buchsbaum of counsel (Richard Kandell and Avram Weisberger with him on the brief; J. Lee Raukin, Corporation Counsel), for City of New York and another, respondents.
George B. Kenner of counsel (Yellin, Kenner & Levy, attorneys), for Rubel Corporation, respondent.
STEUER, CAPOZZOLI and McGIVERN, JJ., concur with STEVENS, J. P.; EAGER, J., dissents in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
STEVENS, J. P.
Plaintiff instituted an action for a judgment that the defendants had no power to enter into an exclusive franchise agreement for the sale and delivery of ice to tenants in the Hunts Point Market and for an injunction restraining defendants from taking any steps to deny plaintiff access to such market for the purpose of selling and delivering ice.
Plaintiff's motion for a temporary injunction...
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