MATTER OF PEPSI-COLA BOTTLING CO. OF N.Y., INC. v. NEW YORK PEPSI-COLA DISTRIBS. ASSN., INC.

9343, 652209/18.

172 A.D.3d 540 (2019)

101 N.Y.S.3d 27

2019 NY Slip Op 03901

In the Matter of Pepsi-Cola Bottling Company of New York, Inc., Appellant, v. New York Pepsi-Cola Distributors Association, Inc., Respondent, et al., Respondents.

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

Decided May 16, 2019.


The court providently exercised its discretion in declining to grant petitioner's motion to quash the subpoena in its entirety but limiting the scope of respondent's requests for information. Respondent seeks higher commissions to be paid to its members for their sale and delivery of certain beverage products. The arbitrator declined to bifurcate the proceedings to consider first whether, under the terms of the parties' distribution agreement, respondent may properly seek...

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