New York Court of Appeals, 1983

Atkin v. Union Processing Corp.

Atkin v. Union Processing Corp.
New York Court of Appeals · Decided June 28, 1983
59 N.Y.2d 919; 453 N.E.2d 522; 466 N.Y.S.2d 293; 1983 N.Y. LEXIS 3241

Atkin v. Union Processing Corp.

Opinion of the Court

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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