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QK HEALTHCARE, INC. v. INSOURCE, INC.

2011-05889.

108 A.D.3d 56 (2013)

965 N.Y.S.2d 133

2013 NY Slip Op 3312

QK HEALTHCARE, INC., Respondent, v. INSOURCE, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2013.

Attorney(s) appearing for the Case

Proskauer Rose LLP, New York City ( Bruce E. Fader , Jordan B. Leader and David S. Mordkoff of counsel), for appellants.

Edwards Wildman Palmer LLP, New York City ( Anthony J. Viola and Zachary W. Silverman of counsel), for respondent.

ANGIOLILLO, J.P., DICKERSON and CHAMBERS, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

In 2003, the plaintiff, QK Healthcare, Inc., a wholesaler of prescription drugs, purchased several thousand units of a drug named Tubersol from the defendants, InSource, Inc. (hereinafter InSource) and Henry Schein, Inc. (hereinafter Henry Schein), which are also prescription drug wholesalers. The plaintiff alleges that when it sought to arrange for the return of unsold units of the drug in 2005, the defendants violated...

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