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DIVERSIFIED GROUP v. SAHN

259 A.D.2d 47 (1999)

696 N.Y.S.2d 133

DIVERSIFIED GROUP INCORPORATED et al., Respondents, v. MITCHELL E. SAHN et al., Appellants, et al., Defendants.

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

October 5, 1999.

Attorney(s) appearing for the Case

Harold I. Elman of counsel, New York City (William B. Wachtel on the brief; Wachtel & Masyr, L. L. P., attorneys), for respondents.

Jeffrey G. Stark of counsel, Mineola (Kenneth L. Gartner on the brief; Meyer, Suozzi, English & Klein, P. C., attorneys), for appellants.

SULLIVAN, J. P., ROSENBERGER, TOM and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal requires us to address the question of what conduct constitutes ticket scalping.

The underlying dispute concerns three groups of season tickets to Rangers and Knicks games at Madison Square Garden. For many years, defendant Coleman & Co. (Coleman) held subscription rights to all three groups of season tickets. These subscription rights were explicitly nontransferable under Madison Square Garden (MSG)...

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