DARBY DRUG CO., INC. v. ZLOTNICK

No. 83 Civ. 1624.

573 F.Supp. 661 (1983)

DARBY DRUG CO., INC., Plaintiff, v. Herbert ZLOTNICK, Richards Laboratories, Inc., and Professional Nutrition Corporation, Defendants.

United States District Court, E.D. New York.

October 31, 1983.


Attorney(s) appearing for the Case

Salon, Marrow, Dyckman & Trager, New York City, for plaintiff; Leslie Trager, New York City, of counsel.

Alexander & Green, New York City, for defendants; Robert E. DeRight, Jr., New York City, of counsel.


BARTELS, Senior District Judge.

In this diversity action defendant Zlotnick moves to dismiss the first of three causes of action in the amended complaint on the ground that the court lacks in personam jurisdiction, Fed.R.Civ.P. 12(b)(2).1 Plaintiff Darby Drug Co., Inc. ("Darby") is a New York corporation. Barth-Spencer Corp. ("Barth-Spencer") is a division of Darby and markets vitamins to retailers and consumers through mail-order...

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