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BINDIT CORP. v. INFLIGHT ADV.

285 A.D.2d 309 (2001)

731 N.Y.S.2d 43

BINDIT CORPORATION, Appellant-Respondent, v. INFLIGHT ADVERTISING, INC., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 1, 2001.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, L. L. P, East Meadow (Thomas J. McNamara and Candace Reid Gladston of counsel), for appellant-respondent.

Rivkin, Radler & Kremer, L. L. P., Uniondale (Evan H. Krinick, Kenneth A. Novikoff and Merril S. Biscone of counsel), for respondents-appellants.

O'BRIEN, J. P., S. MILLER and SMITH, JJ., concur.

OPINION OF THE COURT

CRANE, J.

This is a declaratory judgment action in which the plaintiff Bindit Corporation seeks to have a 1976 licensing agreement with the defendants, Inflight Advertising, Inc. and Inflight Newspapers, Inc., declared terminated, or to declare that its continuation violates General Business Law § 340 as an illegal restraint of trade.

The plaintiff is in the business of manufacturing, selling, and supplying machines and...

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