Opinion
September 30, 1987
Appeal from the Supreme Court, Niagara County, Cook, J.
Present — Callahan, J.P., Denman, Green, Pine and Davis, JJ.
Order unanimously reversed on the law with costs, and plaintiff's motion granted. Memorandum: Plaintiff commenced an action to recover the purchase price of merchandise sold and delivered to defendant. Defendant admitted that it ordered the merchandise but asserted by way of defense and counterclaim that plaintiff had discriminated against it in violation of the Robinson-Patman Act by selling to other distributors at a lower price.
Special Term erred in denying plaintiff's motion to strike defendant's affirmative defenses and to dismiss the counterclaim. The Federal courts have exclusive jurisdiction over such claims (Bruce's Juices v. American Can Co., 330 U.S. 743). The court also erred in denying plaintiff's motion for summary judgment since defendant failed to dispute the factual allegations of the verified complaint (see, CPLR 3016 [f]; Siegel, Practice Commentaries, McKinney's Cons Laws of N.Y., Book 7B, CPLR C3016:9, at 76).