258 A.D. 981 | N.Y. App. Div. | 1940
Order denying defendant’s motion to dismiss the complaint for insufficiency, or to require plaintiff to separately state and number his causes of action, reversed on the law, without costs, and motion granted to the extent of dismissing the complaint, without costs, with leave to plaintiff to serve an amended complaint within twenty days after the entry of the order hereon. The allegations of the complaint to the effect that the defendant is wilfully and knowingly advertising for sale gasoline of a brand named which plaintiff sells at retail pursuant to a price-fixing contract are sufficient to constitute a cause of action, in accordance with the provisions of section 2 of chapter 976 of the Laws of 1935, in so far as concerns the six dealers alleged in the complaint to have entered into a contract with defendant to cut the price to the latter’s members. This action is maintainable because the plaintiff has an interest in the good will of the trade name of the gasoline which he