LANE v. NEW YORK TEL. CO.


7 A.D.2d 702 (1958)

Edward Lane, Doing Business as Hettrich Electric Service, Appellant, v. New York Telephone Company, Respondent

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

November 12, 1958


Judgment reversed on the law, with costs, and motion for summary judgment denied, without costs.

Memorandum:

This is not an appropriate case for disposition by summary judgment. The first cause of action sounds in tort. It charges the defendant with gross negligence in erroneously transposing two advertisements by the plaintiff in the classified telephone directory published by the defendant. It appears that the plaintiff's advertisement of automotive parts...

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