Allied Building & Airport Services, Inc. v. 101-103 Park Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County, entered May 5, 1976, unanimously reversed, on the law, with $40 costs and disbursements to appellant, and the motion for leave to serve an amended answer is denied. It is settled law that alleged violation of Federal antitrust laws is not a defense to an action for services rendered unless the plaintiff in order to prove a prima facie case must also inevitably prove an illegal act. (New York Stock Exch. v Goodbody & Co., 42 AD2d 556; Columbia Broadcasting System v Boskin Distrs., 31 AD2d 22, 25, affd on *853other grounds 28 NY2d 559; American…
2Cases cited9 opinions
- Kelly v. KosugaSupreme Court of the United States · 1959
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
- Columbia Broadcasting System, Inc. v. Roskin Distributors, Inc.New York Court of Appeals · 1971
- Columbia Broadcasting System, Inc. v. Roskin Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
- Grafer v. Marko Beer & Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
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3Cited by2 opinions
- American Society of Composers, Authors & Publishers v. Spanish International Communications Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- St. James Condominium Board v. NewcornAppellate Division of the Supreme Court of the State of New York · 1992