BRAUNSTEIN, INC. v. CASSINI, INC.


20 Misc.2d 291 (1959)

Jack Braunstein, Inc., Plaintiff, v. Oleg Cassini, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

November 2, 1959.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Charles Ballon, Eugene M. Kline and Melvin J. Jacobowitz of counsel), for defendants.

Underhill & Rubinger (Robert Rubinger of counsel), for plaintiff.


FRANCIS X. CONLON, J.

Defendants move for dismissal of the complaint for legal insufficiency. The action is in libel. Plaintiff has been engaged for many years in the business of maintaining a resident buying office representing numerous clients throughout the country in assisting them in the buying of merchandise required in their businesses. The publication complained of is as follows:

"This is to inform you that in view of the incredibly unethical...

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