Librandi v. Berner's Pharmacy Corp.

This is a motion for a preliminary injunction in an action for a permanent injunction pursuant to the *225Fair Trade Law (General Business Law, § 369-a et seq.) Both parties are retail druggists. That the action can be maintained by a competitor as well as a manufacturer is now settled (Calamia v. Goldsmith Bros., 299 N. Y. 636). Both parties have stores in New York’s lower east side and it is undisputed that this is a highly competitive area and commercial survival often depends on the ability to sell at the lowest possible price. For this reason the action and this motion are of great…