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TKU-QUEENS CORP. v. MABEL FOOD

90 Misc.2d 48 (1977)

TKU-Queens Corp., Inc., Petitioner, v. Mabel Food Corp., Trading as Beefeaters, Respondent.

Civil Court of the City of New York, Queens County.

March 18, 1977

Attorney(s) appearing for the Case

Leinhardt & Freed (Alexander Potruch of counsel), for petitioner. Norman Meltzer and Abraham W. Sereysky for respondent.

HERBERT A. POSNER, J.

Is there a place for "Mercy" in the Civil Courts of this State; or does justice require the Judge to observe the strict letter of the law under all circumstances? As Portia stated, in possibly the best-known passage in all of Shakespeare's plays: "The quality of mercy is not strained, it droppeth as the gentle rain from heaven upon the place beneath. It is twice blest — it blesseth him that gives and him that takes. `Tis mightiest...

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