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COOLITE CORP. v. AMER. CYANAMID

52 A.D.2d 486 (1976)

Coolite Corporation, Respondent, v. American Cyanamid Company, Appellant, et al., Defendants

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

June 22, 1976

Attorney(s) appearing for the Case

Edward N. Costikyan of counsel (Anthony M. Radice with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

James J. Maloney of counsel (John B. Koegel with him on the brief; Rogers & Wells, attorneys), for respondent.

BIRNS, J., concurs with YESAWICH, J.; CAPOZZOLI and LANE, JJ., concur in result; KUPFERMAN, J. P., dissents in part in an opinion.

YESAWICH, J.

During the 1960's American Cyanamid Co. (hereinafter Cyanamid) engaged in research in the field of chemiluminescence and as a result, by 1970 it had developed a "light stick". When the outer plastic tube of the light stick is bent chemical solutions within the tube combine and supposedly produce a greenish light lasting several hours. The light stick is disposable and usable only once.

In January, 1971 plaintiff, Coolite Corporation...

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