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FARMER v. D'AGOSTINO

144 Misc.2d 631 (1989)

Conway Farmer et al., Plaintiffs, v. D'Agostino Supermarkets, Inc., Sometimes Trading as Fres Market, et al., Defendants.

Supreme Court, New York County.

July 20, 1989

Attorney(s) appearing for the Case

Douglas H. Lasdon, Patrick J. Horvath and Debevoise & Plimpton (Steven Klugman and Walter J. Walsh of counsel), for plaintiffs. Foley, Hickey, Gilbert & O'Reilly (Terrence P. O'Reilly of counsel), for D'Agostino Supermarkets, Inc., defendant. Hertzog, Calamari & Gleason (Peter E. Calamari of counsel), for Great Atlantic & Pacific Tea Co., Inc., and another, defendants. Shea & Gould (Lynne M. Fischman of counsel), for Red Apple Cos. and another, defendants. Karsch & Meyer (Gary Meyer of counsel), for Sloan's Supermarkets, Inc., defendant.

BEVERLY S. COHEN, J.

Plaintiffs, six individual persons, have sued defendants, operators of various supermarkets in New York County, seeking damages, civil penalties and injunctive relief.

Plaintiffs allege that they are homeless, that they collect returnable cans and bottles as a livelihood, that in April of 1988 each of them presented 240 cans to the various defendants to recover the refund value...

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