Romnick Food, Inc. v. Sunnydale Farms, Inc.

Full title: ROMNICK FOOD, INC., Respondent, v. SUNNYDALE FARMS, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1985

109 A.D.2d 874 (N.Y. App. Div. 1985)

Opinion

March 25, 1985

Appeal from the Supreme Court, Kings County (Scholnick, J.).

Order affirmed, without costs or disbursements.

The complaint of plaintiff, a former grocery store owner, against defendant, a milk distributor, states a sufficient cause of action for breach of the contract provision regarding price. The complaint further states a sufficient claim for unlawful price discrimination pursuant to Agriculture and Markets Law § 258-t. Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.