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HOME TOWN MUFFLER, INC. v. COLE MUFFLER, INC.

202 A.D.2d 764 (1994)

608 N.Y.S.2d 735

Home Town Muffler, Inc., Appellant, v. Cole Muffler, Inc., et al., Respondents

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

March 3, 1994

Cardona, P. J.

Plaintiff was a retail establishment engaged in the installation of mufflers, shocks, struts and springs in the City of Binghamton, Broome County. Defendant Cole Muffler, Inc. was one of plaintiff's competitors. Defendant AP Parts Manufacturing, Inc. was a supplier of various exhaust system products, shock absorbers and brake parts. Cole was a major and long-time customer of AP. At the time plaintiff was initially formed in November 1988...

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