Legal Opinion · Concurring in part, dissenting in part
State of New York v. Glen & Mohawk Milk Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1983Published
1Concurring in part, dissenting in part
Doerr and Schnepp, JJ., dissent and vote to reverse the order and judgment and deny the motion in the following memorandum by Schnepp, J., in which Doerr, J., concurs:
The antitrust law exemption contained in subdivision 3 of section 340 of the General Business Law (Donnelly Act) applies to contracts, agreements and arrangements made by dairy co-operative associations with others (see Margrove Inc. v Upstate Milk Coop., 79 Misc 2d 309, affd on opn below sub nom. Margrove Inc. v Wegman’s Food Markets, 49 AD2d 669), but we would hold that all business practices of dairy co-operatives are not…
2Cases cited8 opinions
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Uniformed Firefighters Ass'n v. BeekmanNew York Court of Appeals · 1981
- Le Drugstore Etats Unis, Inc. v. New York State Board of PharmacyNew York Court of Appeals · 1973
- City Bank Farmers Trust Co. v. Ardlea Corp.New York Court of Appeals · 1935
- Baldine v. GomulkaAppellate Division of the Supreme Court of the State of New York · 1978
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