Legal Opinion
McGraw Electric Co. v. Lockyer
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 1944PublishedCited by 5 opinions
1Per curiam
The first counterclaim based on alleged breach of contract and the second counterclaim for alleged unfair competition are sufficiently-stated to defeat plaintiffs motion under rule 109 for insufficiency on the face of the pleading.
The third counterclaim for alleged illegal restraint of trade is insufficient. Defendant fails to allege facts showing that plaintiffs claimed action was pursuant to a combination, agreement or arrangement with others constituting an illegal restraint of trade (Locker v. American Tobacco Co., 195 N. Y. 565, 566; General Business Law, § 340).
We think Special Term…
2Cases cited1 opinion
- Locker v. . American Tobacco CompanyNew York Court of Appeals · 1909
3Cited by5 opinions
- AFA Protective Systems, Inc. v. CrouchleyNew York Supreme Court · 1970
- American Cyanamid Co. v. Power Conversion, Inc.New York Supreme Court · 1972
- Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.New York Supreme Court · 1972
- People v. B. P. Oil Corp.New York Supreme Court · 1976
- State v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1974