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MILLER BRICK CO. v. STARK

9 Misc.3d 151 (2005)

801 N.Y.S.2d 120

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

Supreme Court, Monroe County.

May 18, 2005.

Attorney(s) appearing for the Case

Charles W. Rogers, Rochester (Mark Hannabury of counsel), and Gates & Adams, Rochester (Anthony J. Adams of counsel), for plaintiff.

Hiscock & Barclay, Rochester (Thomas B. Cronmiller of counsel), for defendant.

OPINION OF THE COURT

KENNETH R. FISHER, J.

In 1995, plaintiff George C. Miller Brick Co., Inc., a distributor of brick and tile products, commenced this antitrust action under the Donnelly Act (General Business Law § 340 et seq.) against a supplier, defendant Stark Ceramics, Inc., seeking treble damages based on allegations of bid rigging and price fixing in April 1991 in connection with the award of a contract for

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