GEORGE C. MILLER BRICK CO., INC. v. STARK CERAMICS, INC.


281 A.D.2d 960 (2001)

722 N.Y.S.2d 679

GEORGE C. MILLER BRICK CO., INC., Appellant, v. STARK CERAMICS, INC., Respondent, et al., Defendant.

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

Decided March 21, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment but erred in granting the motion of Stark Ceramics, Inc. (defendant) for summary judgment dismissing the amended complaint against it. On this record, there is a triable issue of fact whether defendant violated the Donnelly Antitrust Act (General Business Law § 340 et seq.

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