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YACHTING PUB. CORP. v. FRIEDMAN

15 Misc.2d 810 (1958)

Yachting Publishing Corporation et al., Plaintiffs, v. Benjamin Friedman, Individually and Doing Business as Midtown Magazine & Book Shop, Defendant.

Supreme Court, Special Term, New York County.

December 26, 1958.

Attorney(s) appearing for the Case

Friedman & Friedman (Hyman R. Friedman of counsel), for plaintiffs.

Abraham Lipton for defendant.

SIDNEY A. FINE, J.

The moving papers establish, without contradiction, that the contracts between plaintiff, Independent News Co. Inc., the national distributor for the other two plaintiffs, and each wholesaler provided for credit to the wholesaler for each unsold copy returned on condition (1) that the wholesaler agreed that said returned copies would be disposed of "for no other purpose than waste paper",...

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