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Atkin v. Union Processing Corp.

59 N.Y.2d 919 Court N.Y. Decision date 1983-06-28 English

Contents

Majority

p. 919
Morris Atkin et al., Respondents, v Union Processing Corporation, Appellant, et al., Defendants. (And Another Action.)
Argued May 31, 1983;
decided June 28, 1983
p. 921
APPEARANCES OF COUNSEL
William D. Eggers, Domenick L. Gabrielli and Frank H. Penski for appellant.
James M. Hartman and Paul J. Yesawich, III, for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Reid S. Moule ( 90 AD2d 332 ). Additionally we observe that there is no evidentiary support in the record for any finding that the scrap metals/raw materials market (as distinguished from the shredded scrap/products market) was limited to the Rochester area to which the agreement of the parties related.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judge Simons taking no part.

Order affirmed, with costs, in a memorandum.

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