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Creative Trading Co. v. Larkin-Pluznick-Larkin, Inc.

75 N.Y.2d 830 Court N.Y. Decision date 1990-02-08 English

Contents

Majority

p. 830
Creative Trading Company, Inc., et al., Respondents, v Larkin-Pluznick-Larkin, Inc., Doing Business as National Fashion & Boutique Show, et al., Appellants.
Argued January 11, 1990;
decided February 8, 1990
p. 831
APPEARANCES OF COUNSEL
Robert G. Sugarman, Lawrence E. Elder and Cheryl L. Davis for appellants.
Whitney North Seymour, Jr., and Craig A. Landy for respondents.
Robert Abrams, Attorney-General (Lloyd Constantine, Alan Pfeifer and Susan Beth Farmer of counsel), amicus curiae.
Sheldon I. London for National Association of Exposition Managers, amicus curiae.

OPINION OF THE COURT

Order reversed, with costs, defendants’ motion to dismiss the third and fourth causes of action of the repleaded complaint granted, and the certified question answered in the negative for the reasons stated in the dissenting memorandum by Justice Joseph P. Sullivan at the Appellate Division ( 148 AD2d 352 , 354-357).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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