Green v. Time, Inc.

Appellate Division of the Supreme Court of New York

Green v. Time, Inc.

1 A.D.2d 665, 146 N.Y.S.2d 812, 1955 N.Y. App. Div. LEXIS 3793

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1955

StatusPublished

Cited by3 cases

This text of 1 A.D.2d 665 (Green v. Time, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Time, Inc., 1 A.D.2d 665, 146 N.Y.S.2d 812, 1955 N.Y. App. Div. LEXIS 3793 (N.Y. Ct. App. 1955).

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Opinion

Cohn, J. (dissenting in part).

I agree that paragraphs six, eighteen and nineteen and all references to the matter therein contained in paragraph twenty of the complaint were properly stricken on the ground that the allegations in each of the paragraphs were unnecessary and immaterial. However, insofar as the complaint was dismissed for legal insufficiency, I am for a reversal of the order upon the ground that, giving the allegations of the complaint every fair intendment, plaintiff has sufficiently alleged a cause of action to recover damages for a prima facie tort. (Advance Music Corp. v. American Tobacco Co., [666]*666296 N. Y. 79; Ledwith v. International Paper Co., 64 N. Y. S. 2d 810, affd. 271 App. Div. 864, motion for leave to appeal denied 271 App. Div. 916; Gale v. Ryan, 263 App. Div. 76.) The order appealed from should be modified accordingly.

Peck, P. J., Breitel, Botein and Cox, JJ., concur in decision; Cohn, J., dissents in part and votes to modify in opinion.

Order affirmed, with $20 costs and disbursements to the respondent. No opinion.

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Cohn, J. (dissenting in part).

I agree that paragraphs six, eighteen and nineteen and all references to the matter therein contained in paragraph twenty of the complaint were properly stricken on the ground that the allegations in each of the paragraphs were unnecessary and immaterial. However, insofar as the complaint was dismissed for legal insufficiency, I am for a reversal of the order upon the ground that, giving the allegations of the complaint every fair intendment, plaintiff has sufficiently alleged a cause of action to recover damages for a prima facie tort. (Advance Music Corp. v. American Tobacco Co., [666]*666296 N. Y. 79; Ledwith v. International Paper Co., 64 N. Y. S. 2d 810, affd. 271 App. Div. 864, motion for leave to appeal denied 271 App. Div. 916; Gale v. Ryan, 263 App. Div. 76.) The order appealed from should be modified accordingly.

Peck, P. J., Breitel, Botein and Cox, JJ., concur in decision; Cohn, J., dissents in part and votes to modify in opinion.

Order affirmed, with $20 costs and disbursements to the respondent. No opinion.

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Bluebook (online)

1 A.D.2d 665, 146 N.Y.S.2d 812, 1955 N.Y. App. Div. LEXIS 3793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-time-inc-nyappdiv-1955.

Opinion

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