Opinion
December 17, 1958
Aranow, Brodsky, Bohlinger, Einhorn Dann for plaintiff.
Max Berkow for defendant.
Plaintiff moves for an injunction pendente lite in this action to restrain defendant from violating the Fair Trade Law (General Business Law, §§ 369-a, 369-b).
The only objection raised by defendant that has any legal merit is that based on the claim that it had no knowledge of the fair-trade agreements at the time it first purchased the subject items. ( Cluett, Peabody Co. v. J.W. Mays, Inc., 5 A.D.2d 140. ) Although this claim of lack of knowledge may appear to be tenuous, the veracity thereof cannot be passed upon at this time; and in view of the extraordinary relief sought, the motion for a temporary injunction is denied, but the action will be set down for trial on January 12, 1959.
Settle order on notice.