Maxine Gerard, Inc. v. May

This is an action by plaintiffs against defendants seeking injunctions and damages. The defendants move for an order dismissing the first, fifth, sixth, seventh, eighth and ninth causes of action as insufficient.

As to the first cause of action, defendants allege that under the Nasman case, cited in all the briefs (49 N. Y. S. 2d 181), section 340 of the General Business Law, which prohibits the restraint of trade, does not apply to real estate transactions. That case so holds. Since the decision in that case, section 340 has been amended (L. 1957, ch. 893) thereby changing the effect of the…