Millerton Agway Cooperative, Inc. v. Briarcliff Farms, Inc.

Chief Judge Desmond.

Plaintiff corporation is in the business of selling cattle feed, farm supplies, etc. The corporate defendant Briar cliff Farms, Inc. (not a party to this appeal) raises beef cattle on several farms and beginning in 1962 was one of plaintiff’s customers. Appellants together own a majority of Briarcliff’s shares and are a majority of its board of directors. Appellant Brown is its president and appellant Peter D. Murray, an attorney, is its secretary and treasurer.

The Appellate Division, reversing Special Term, has granted plaintiff partial summary judgment against the…