Capital Telephone Co. v. Motorola Communications & Electronics, Inc.

Appeal from an order of the Supreme Court (Harris, J.), entered May 20, 1993 in Albany County, which granted plaintiffs’ motion to dismiss defendant’s third affirmative defense.

In 1972, plaintiffs commenced an antitrust action against defendant in Federal court alleging, inter alia, that defendant had discriminated against plaintiffs in its sale of paging equipment. The parties ultimately entered into a settlement agreement. Thereafter, in August 1985, plaintiffs commenced this action against defendant for breach of contract and fraud alleging, inter alia, that defendant violated the terms of…