EBER BROS v. RARE SPIRITS INC


21 Misc.3d 201 (2008)

EBER BROS. WINE AND LIQUOR CORPORATION, Plaintiff, v. RARE SPIRITS, INC., Formerly Known as CENTURY LIQUORS, INC., Doing Business as CENTURY LIQUOR & WINE, INC., et al., Defendants.

Supreme Court, Monroe County.

August 1, 2008.


Attorney(s) appearing for the Case

Mitchell T. Williams, Rochester, for defendants.

Harris Beach, LLP, Pittsford (Paul J. Yesawich, III, Gregory J. McDonald and Melanie L. Sarkis of counsel), for plaintiff.


OPINION OF THE COURT

KENNETH R. FISHER, J.

The above action was commenced by a complaint dated July 6, 2007. An answer was served on or about August 28, 2007, and a reply to counterclaims was dated October 1, 2007. The complaint alleges that the plaintiff entered into an agreement with the defendant Rare Spirits, Inc. (identified as Century Liquor) in 2001 to purchase wine futures from foreign wine suppliers...

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