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BARRY CORP. v. MUSHROOM

108 Misc.2d 113 (1981)

R. G. Barry Corporation, Plaintiff, v. Mushroom Makers, Inc., Defendant. R. G. Barry Corporation, Plaintiff, v. Mushroom Makers, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

January 15, 1981

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart (Watson, Cole, Grindle & Watson of counsel), for defendants. Herzfeld & Rubin, P. C., for plaintiff.

SHIRLEY FINGERHOOD, J.

Defendant moves for summary judgment under CPLR 3212 on the ground that plaintiff's claims1 under section 368-d of the New York General Business Law are barred by the res judicata effect of Mushroom Makers v Barry Corp. (441 F.Supp. 1220, affd 580 F.2d 44, cert den 439 U.S. 1116) (hereinafter the Federal action).

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