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RITZ v. NEWS SYNDICATE CO.

16 Misc.2d 1013 (1959)

Marilyn Ritz, Individually and as Assignee of Shirley Jacobson, Appellant, v. News Syndicate Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

January 22, 1959.

Attorney(s) appearing for the Case

McCarthy, Kapelman & Nathanson (Maurice J. McCarthy, Jr., of counsel), for appellant.

Townley, Updike, Carter & Rodgers (John J. Macchia of counsel), for respondent.

TILZER, J., concurs with STEUER, J.; HECHT, J., dissents in opinion.

ARON STEUER, J.

The complaint having been dismissed at the close of plaintiff's case, under familiar principles the facts as brought out must be deemed to be established.

The defendant newspaper published a series of puzzles, known as "The Little Fooler." They were in the nature of crossword puzzles. A cash prize was offered for correct solutions in accordance with rules published simultaneously with...

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