Montgomery Ward & Co. v. Othmer

Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Doran, J.), entered March 26, 1986 in Warren County, which denied defendants’ motion to dismiss the complaint.

*914A decision by plaintiff to discontinue its catalog sales program nationwide resulted in the termination, effected in accordance with the terms of the catalog sales agency agreement entered into by the parties, of defendants’ Montgomery Ward franchises. Thereafter, terminated catalog sales agents began a Federal action, which was granted class certification, asserting an assortment of Federal antitrust, RICO…