HARWOOD PHARMACAL CO. v. NAT'L BROAD. CO.


17 Misc.2d 208 (1959)

Harwood Pharmacal Co., Inc., Plaintiff, v. National Broadcasting Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

March 12, 1959.


Attorney(s) appearing for the Case

Coudert Brothers for National Broadcasting Co., Inc., and others, defendants.

Wolf, Popper, Ross, Wolf & Jones for plaintiff.


THOMAS A. AURELIO, J.

Defendants move for dismissal of the complaint for insufficiency, contending that the stated cause requires allegation of special damage and none is set forth. The action is in libel or disparagement of product without reference to the name of the fabricator. Plaintiff is the manufacturer of a product known as "Snooze". Defendants are charged with the statement: "`Snooze', the new aid for sleep. Snooze is full of all kinds of habit...

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