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MARXMAN PIPES v. COLUMBIA PICTURES CORP.

285 A.D. 135 (1954)

Marxman Pipes, Inc., Appellant, v. Columbia Pictures Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 1954.

Attorney(s) appearing for the Case

Henry Amster of counsel (Henry Amster and Milton Lipson, attorneys), for appellant.

Ferdinand Pecora of counsel (Stuart G. Schwartz with him on the brief; Schwartz & Frohlich, attorneys), for respondent.

DORE, COHN, BREITEL and BASTOW, JJ., concur in Per Curiam opinion; PECK, P. J., dissents in part and votes to modify in opinion.

Per Curiam.

We do not hold that an action may never lie for disparagement of a product in the absence of an intent to injure. We do hold, however, that since the alleged disparagement is in reference solely to the price of plaintiff's product, a cause of action is not stated, at least in the absence of allegations that show the manner in which misstatement of the price accomplished disparagement of quality. Otherwise...

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