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PLYMOUTH DRUG WHOLESALERS, INC. v. KIRSCHNER

239 A.D.2d 479 (1997)

658 N.Y.S.2d 64

Plymouth Drug Wholesalers, Inc., Respondent, v. Barry Kirschner et al., Defendants, and Drug Guild Distributors, Inc., Appellant

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

May 19, 1997

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the amended complaint is dismissed insofar as asserted against the defendant Drug Guild Distributors, Inc., and the action against the remaining defendants is severed.

The only cause of action in the amended complaint alleged against the defendant Drug Guild Distributors, Inc. (hereinafter Drug Guild), was one that sounded in civil conspiracy. However...

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