Carroll Building Corp. v. Louis Greenberg Plumbing Supplies, Inc.

Majority

p. 543

Carroll Building Corporation, Appellant, v. Louis Greenberg Plumbing Supplies, Inc., et al., Respondents, Impleaded with Others.

Headnote

Conspiracy — action to recover for alleged conspiracy to compel a builder to pay an excessive price for installation of plumbing.

Carroll Bldg. Corp. v. Greenberg P. Supplies, Inc., 216 App. Div. 268 , affirmed.

(Submitted November 30, 1926;

decided December 31, 1926.)

Appeal from a judgment, entered April 8, 1926, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to recover for an alleged conspiracy by defendants, respondents, who were respectively a plumbers’ supply firm and plumbing contractors, to compel plaintiff, a builder, to pay an excessive price for installation of plumbing in buildings it was erecting by filing a conditional sales contract and mechanics’ liens against said property.

p. 544

William Godnick, Irving C. Maltz and J. A. Freedman for appellant.

Horace G. Marks and Samuel Kahan for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.