Opinion

Pagan v. New York Herald Tribune, Inc.

  • 32 A.D.2d 341
  • 301 N.Y.S.2d 120
  • 1969 N.Y. App. Div. LEXIS 3617
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 24, 1969
Status
Published
Author
Nunez
On the bench
Eager, Nunez
Cited by
27 cases

Distinguished

  • Distinguished by Stephano v. News Group Publications, Inc., 98 A.D.2d 287 (1984)

    Special Term relied upon Lopez and Pagan (supra). Suffice it to say that the facts in both of those cases are readily distinguishable from those in the instant proceeding.
    Appellate Division of the Supreme Court of the State of New YorkJan 5, 1984Read it

The opinion

Nunez, J. (dissenting).

I dissent and vote to affirm for the reasons stated by Special Term.

Although the damages may be minimal, there may well be a technical violation of the statute. The price is mentioned. Lord & Taylor, a constant advertising client of defendant Herald Tribune, is mentioned. This may sustain the suggestion that the advertising was an intended benefit to Lord & Taylor. Thus, there is an issue as to u advertisement in disguise ” and possibly a rebate precluding summary judgment. (Dallesandro v. Holt & Co., 4 A D 2d 470.)

Stevens, P. J., and iSteuer, J., concur with Eager, J.; Nunez, J., dissents in opinion, in which MoGtvern, J., concurs.

*345 Order entered October 18, 1968, reversed, on the law, without costs and without disbursements, defendants’ motion for summary judgment granted and plaintiffs’ complaint dismissed. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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