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  5. 69 N.Y.2d 625 (1986)
 

TIP TOP FARMS, INC. v. DAIRYLEA COOP., INC.

69 N.Y.2d 625 (1986)

Tip Top Farms, Inc., Appellant-Respondent, v. Dairylea Cooperative, Inc., Respondent-Appellant. (Action No. 1.) Park Lane Dairies, Inc., et al., Appellants-Respondents, v. Dairylea Cooperative, Inc., Respondent-Appellant. (Action No. 2.) Jerome Dairy Co., Inc., Appellant-Respondent, v. Dairylea Cooperative, Inc., Respondent-Appellant. (Action No. 3.)

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Lawrence K. Katz for Tip Top Farms, Inc. and another, appellants-respondents.

David A. Field and Kevin J. Nolan for Park Lane Dairies, Inc. and another, appellants-respondents.

Ronald C. Berger and John M. Freyer for respondent-appellant.

Concur: Judges SIMONS, KAYE, ALEXANDER and TITONE. Dissent: Chief Judge WACHTLER and Judges MEYER and HANCOCK, JR.

Order affirmed, without costs, for reasons stated in the opinion by Justice Isaac Rubin at the Appellate Division (114 A.D.2d 12). Question certified answered in the affirmative. Cross appeal by defendant as to actions Nos. 2 and 3 dismissed, without costs, upon the ground that defendant is not aggrieved by the order of the Appellate Division insofar as it affirmed the orders in those actions (CPLR 5511).

Chief Judge WACHTLER and...

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