Plaintiff brought the instant proceeding alleging a loss of profits of $5,000.00. Plaintiff claims that his business is to purchase products from stores and resell them to the general public at a discounted price. Plaintiff claims that the defendant, in particular one specific assistant store manager, is limiting his purchases at the store.

Defendant asserts that it has a company policy against allowing a large amount of one item being sold to re-sellers. Defendant contends that it interferes with its ability to provide for a large base of its customers.

A manufacturer or seller has a right to pick his own customers and refuse to sell to a particular customer provided that such refusal is not the result of a combination with others to destroy competition. Alexander's Dept. Stores, Inc. v. Ohrbachs's Inc., 266 A.D. 535 (1943).

Plaintiff has not shown that Best Buy has colluded with other electronics retailers in refusing to sell electronic products to him. Moreover, Best Buy has set forth a reasonable explanation for its policy in that it has a viable business interest in maintaining a varied and sufficient stock of electronic goods for its customers. As such, Best Buy is fully within its rights to refuse to sell its products to plaintiff. Accordingly, the claim is dismissed.

The above meets the Court's statutory charge to do substantial justice between the parties.

The above constitutes the Decision and Order fo the Court.