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STATE v. CARVEL CORP.

84 A.D.2d 727 (1981)

State of New York, Respondent, v. Carvel Corporation et al., Defendants, and Herbert F. Roth, Appellant

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

November 24, 1981

Giving plaintiff the benefit of every reasonable inference to be drawn from the complaint (see Westhill Exports v Pope, 12 N.Y.2d 491), we find that Special Term correctly denied defendant Roth's motion to dismiss it. Paragraph 18 of the complaint alleges that all the defendants engaged in conduct that violated the Donnelly Act. Paragraph 19 alleges particular conduct including illegal tying...

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