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Two sets of four box seats to Wednesday night’s and tonight’s World Series games that a Manhattan law firm thought it was owed will not be turned over to the firm by the clothing company that is holding them, a Supreme Court judge ruled Wednesday. Justice Herman Cahn, ruling in a case that began Tuesday when he issued a temporary restraining order, said the New York-based 10-lawyer law firm of Traub, Bonacquist & Fox is not entitled to any of the tickets because the firm’s oral agreement to split post-season tickets with the company was never formalized. Cahn dissolved the TRO that had prevented Mell Trimming Co. Inc. from using the sought-after tickets to games four and five of the so-called Subway Series. Immediately after the judge’s ruling from the bench yesterday morning, Michael Fox, a name partner in the law firm who had testified in the case, said he would not seek an appeal. Even though the firm paid Mell Trimming $6,690 at the beginning of the 2000 season for the face value of half the tickets to the Mets’ home games at Shea Stadium, there was no indication of a formal pact on any subsequent correspondence, Cahn said. “There is absolutely nothing in writing confirming the agreement other than the check itself,” the judge said. The deal to split the tickets held up until the Mets played in the National League Championship Series against the St. Louis Cardinals. For those games, Mell Trimming offered half the tickets to the firm at two-and-a-half times their face value, and Traub Bonacquist eventually paid double the face value for them, said Fredrick J. Levy, a firm associate who argued the case. But the attorney for Mell Trimming, Stephen C. Pascal of Silverberg, Stonehill & Goldsmith, said the law firm was entitled only to those tickets that Mell Trimming decided to make available. In court Wednesday, Pascal elicited from Fox that the lawyer had requested tickets for 30 games, less than half of the 81 games available. Traub Bonacquist had declined a settlement offer from Mell Trimming, a clothing manufacturer in Manhattan, for two box seats to Wednesday night’s game. Peter G. Lavery, an associate with Traub Bonacquist, also appeared for the firm, which concentrates on bankruptcy, creditors’ rights, commercial litigation and corporate law.

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