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Friedman v. Political Action Committee for Palestine, Inc.

272 A.D.2d 1042 Court N.Y. App. Div. Decision date 1947-11-14 English

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Majority

p. 1042
Celia Friedman et al., Doing Business as I. Friedman Associates, Appellants, v. Political Action Committee for Palestine, Inc., Respondent.

Whether the provisions of sections 167 and 168 of the General Business Law requiring a license by those engaged in the business of reselling theatre tickets apply to the plaintiffs can best be determined upon a trial of the action, at which the plaintiffs’ activities generally and under the contract involved in this case may be fully developed.

The order appealed from should be reversed, with $20 costs and disbursements to the appellants, defendant’s cross motion for judgment on the pleadings denied and plaintiffs’ motion to examine defendant before trial granted as to item 5 only of plaintiff’s notice of motion.

Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the appellants, defendant’s cross motion for judgment on the pleadings denied and plaintiffs’ motion to examine defendant before trial granted as to item 5 only of plaintiffs’ notice of motion. Settle order on notice.