
    Whelan Drug Co., Inc., Plaintiff, v. Doz, Inc., Defendant.
    Supreme Court, Special Term, Kings County,
    
    December 17, 1958.
    
      Aranow, Brodsky, Bohlinger, Einhorn <& Dann for plaintiff.
    
      Max Berkow for defendant.
   M. Henry Martuscello, J.

Plaintiff moves for an injunction pendente Ute in this action to restrain defendant from violating the Pair Trade Law (General Business Law, §§ 369-a, 369-b).

The only objection raised by defendant that has any legal merit is that based on the claim that it had no knowledge of the fair-trade agreements at the time it first purchased the subject items. (Cluett, Peabody & Co. v. J. W. Mays, Inc., 5 A D 2d 140.) Although this claim of lack of knowledge may appear to be tenuous, the veracity thereof cannot be passed upon at this time; and in view of the extraordinary relief sought, the motion for a temporary injunction is denied, but the action will be set down for trial on January 12,1959.

Settle order on notice.  