# Pagan v. New York Herald Tribune, Inc.

> Appellate Division of the Supreme Court of the State of New York · June 24, 1969 · 32 A.D.2d 341

URL: https://www.frixlaw.com/law-library/cases/5769942

## Case

- **Full name:** Michael Pagan, an Infant, by Jose Pagan, His Father and Natural Guardian v. New York Herald Tribune, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 24, 1969
- **Citations:** 32 A.D.2d 341; 301 N.Y.S.2d 120; 1969 N.Y. App. Div. LEXIS 3617
- **Precedential status:** Published
- **Opinion:** Dissent by Nunez
- **Judges:** Eager, Nunez
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5769942

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5769942. Public record. Not legal advice.