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SHORECO INT. v. IVY HILL COMMUNICATIONS

45 A.D.2d 525 (1974)

Shoreco International, Inc., as Successor by Merger of Shorewood Litho, Inc., et al., Plaintiffs, v. Ivy Hill Communications Corp., et al., Respondents; Transcontinental Automatic Machinery Limited, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 1974.

Attorney(s) appearing for the Case

Jacob Freed Adelman of counsel (Salmon & Mainzer, attorneys), for appellant.

James M. Bergen of counsel (Marshall, Bratter, Greene, Allison & Tucker, attorneys), for respondents.

NUNEZ, J. P., and MURPHY, J., concur with STEUER, J.; CAPOZZOLI and TILZER, JJ., dissent in an opinion by CAPOZZOLI, J.

STEUER, J.

The defendant Ivy Hill Communications Corp. (Ivy Hill) bought a lithographic machine from the defendant Winkler & Duennebier (Winkler), a German manufacturer. The complaint alleges that the plaintiff Shoreco International, Inc. (Shoreco) designed the machine and that it had an agreement with Winkler that machines manufactured from this design would be sold only to the plaintiff. Shoreco instituted...

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