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FLORCZAK v. OBERRITER

50 A.D.3d 1440 (2008)

857 N.Y.S.2d 307

JAMES FLORCZAK, Doing Business as WHERE IT ALL BEGAN BAT COMPANY, Appellant, v. DONALD OBERRITER et al., Doing Business as COOPERSTOWN BAT COMPANY, et al., Respondents.

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

Decided April 24, 2008.

Kavanagh, J.

Plaintiff and defendants Donald Oberriter and Sharon Oberriter are competitors who manufacture and sell baseball bats in and around the Village of Cooperstown, Otsego County.* In this action, plaintiff alleged that defendants have engaged in false advertising in the manner in which they marketed commemorative baseball bats that they sold to the general public from a retail store located in Cooperstown. Specifically, plaintiff...

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