CBS, INC. v. FITCHELBERG


88 A.D.2d 881 (1982)

CBS, Inc., Appellant, v. Sam Fitchelberg, Doing Business as Record Haven, Respondent

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

June 29, 1982


The instant action was commenced by the corporate plaintiff (CBS) in January, 1980, based upon a cause of action for goods sold and delivered. More than four months later, and after issue had been joined, the defendant initiated an action in Federal District Court, alleging that CBS, by adopting and attempting to enforce an illegal tie-in arrangement, violated certain provisions of Federal antitrust statutes. The defendant asserts that the Federal action should be litigated...

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