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59 N.Y.2d 919

Atkin v. Union Processing Corp.

New York Court of Appeals

Decided June 28, 1983

New York Court of Appeals · decided 1983-06-28

Decided 1983-06-28

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The 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.

¶4Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judge Simons taking no part.

¶5Order affirmed, with costs, in a memorandum.

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