Legal Opinion
Pordes v. Lythe
New York Supreme Court
Decided January 11, 1955PublishedCited by 3 opinions
1Opinion of the CourtMartin M. Frank, J.
In this action seeking to restrain violations of the Feld-Crawford (Fair Trade) Act (General Business Law, § 369-a et seq.), plaintiffs move for a temporary injunction. The plaintiffs are the owners of drugstores located in the same neighborhood as is the store operated by the defendants and are seeking to enforce the provisions of the act against their competitor.
No proof is adduced that the owners, manufacturers or distributors of the claimed fair-traded products are engaging in any program of enforcement of their price policies. It has been held that absent such activity, the act cannot be…
2Cases cited8 opinions
- Calvert Distillers Corp. v. Nussbaum Liquor Store, Inc.New York Supreme Court · 1938
- General Electric Co. v. R. H. Macy & Co.New York Supreme Court · 1951
- Gillette Safety Razor Co. v. GreenNew York Supreme Court · 1938
- Automotive Electric Service Corp. v. Times Square Stores Corp.New York Supreme Court · 1940
- Fogel v. BoletNew York Supreme Court · 1949
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3Cited by3 opinions
- Candido v. WagonfeldNew York Supreme Court · 1959
- Frasca v. WilsonAppellate Division of the Supreme Court of the State of New York · 1956
- McHugo v. KozakNew York Supreme Court · 1958