Margrove Inc. v. Upstate Milk Cooperative, Inc.

The defendant Wegman’s Food Markets, Inc. moves.to dismiss the complaint against it for failure to state a cause 'of action. Plaintiffs brought this action under the Donnelly Act (General Business Law, art. 22), alleging that the defendant Upstate Milk Cooperative, Inc. established and maintained a monopoly position in a 10-county area in the sale of raw milk and the resale of pasteurized milk, thereby restraining competition in the production, processing and marketing of milk. That monopoly was brought about by Upstate oy the overt acts, among others, of entering into ‘ ‘ agreements,…