R. G. BARRY CORP. v. MUSHROOM MAKERS, INC.


85 A.D.2d 544 (1981)

R. G. Barry Corporation, Appellant, v. Mushroom Makers, Inc., Respondent. (Action No. 1.) R. G. Barry Corporation, Respondent, v. Mushroom Makers, Inc., et al., Appellants. (Action No. 2.)

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

December 10, 1981


We affirm for the reasons set forth by Fingerhood, J., in the opinion rendered by her at Special Term. We add the following comment: When the decision of the District Court in Mushroom Makers v Barry Corp. (441 F.Supp. 1220) was affirmed by the Court of Appeals for the Second Circuit (580 F.2d 44) emphasis was laid upon equitable considerations. Special...

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