JACK'S COOKIE v. DU-BRO FOODS


145 Misc.2d 699 (1989)

Jack's Cookie Co., Inc., Plaintiff, v. Du-Bro Foods, Inc., Defendant.

Civil Court of the City of New York, Queens County.

October 23, 1989


Attorney(s) appearing for the Case

Michael Rosoff for plaintiff. Levine, Weinberg, Kaley & Pergament, P. C. (Marc A. Pergament of counsel), for defendant.


DAVID GOLDSTEIN, J.

The issue is whether the State courts have jurisdiction of a claim for price discrimination under the Robinson-Patman Act (15 USC § 13 et seq.), or whether exclusive jurisdiction lies in the Federal courts.

This is a motion by plaintiff, pursuant to CPLR 3211 (a) (2), to dismiss the first, second and third counterclaims for lack of subject matter jurisdiction. Plaintiff...

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