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PFIZER INC. v. PCS HEALTH SYS., INC.

234 A.D.2d 18 (1996)

650 N.Y.S.2d 164

Pfizer Inc., Respondent-Appellant, v. PCS Health Systems, Inc., Appellant-Respondent, et al., Defendants

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

December 3, 1996

Based on the evidence, which demonstrated that defendant failed to include plaintiff's products on various formulary lists and that defendant's interventions had direct negative impacts upon the use and sale of plaintiff's products, the IAS Court reasonably concluded that defendant breached the terms of its agreement with plaintiff to "use its best efforts" to promote plaintiff's products and treat them in a "favorable manner"....

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