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SERRA INC. v. CHARMER INDUS.

190 Misc.2d 386 (2002)

737 N.Y.S.2d 529

DIANE SERRA INC., Doing Business as GOTHAM WINES & LIQUORS, et al., Plaintiffs, v. CHARMER INDUSTRIES, INC., et al., Defendants.

Supreme Court, New York County.

January 28, 2002.

Attorney(s) appearing for the Case

Mehler & Buscemi, New York City (Martin P. Mehler of counsel), for plaintiffs.

Dickstein & Shapiro, LLP, Scarsdale (Howard Graff of counsel), for defendants.

OPINION OF THE COURT

HERMAN CAHN, J.

Motion sequence numbers 002 and 003 are consolidated for disposition.

In motion sequence number 002, defendants Charmer Industries, Inc. and Peerless Importers, Inc., move to dismiss the complaint (CPLR 3211 [a] [7]), on the ground that no private right of action for price discrimination exists under the Alcoholic Beverage Control Law. In motion sequence number 003...

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