State v. Carvel Corp.

Kupferman, J. P.,

dissents in a memorandum as follows: Defendant-appellant, an attorney, appeals from a denial of his motion for summary judgment in an action brought against the Carvel Corporation, various of its directors and affiliated corporations and the attorney. In question is the liability of an attorney director for alleged wrongful acts on behalf of, and in conspiracy with, the Carvel Corporation in violation of article 22 of the New York General Business Law (§340 et seq.; the Donnelly Act). (See, also, the discussion of New York antitrust laws in: Marketing Laws Survey: “State…