R. G. Barry Corp. v. Mushroom Makers, Inc.

Order of the Supreme Court, New York County (Fingerhood, J.), entered March 13,1981, consolidating both actions on consent, granting the motion of defendant in Action No. 1 for summary judgment and denying the motion of defendants for summary judgment in Action No. 2, affirmed, without costs. We affirm for the reasons set forth by Fingerhood, J., in the opinion rendered by her at Special Term. We add the following comment: When the decision of the District Court in Mushroom Makers v Barry Corp. (441 F Supp 1220) was affirmed by the Court of Appeals for the Second Circuit (580 F2d 44) emphasis…