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MOGLEN v. VARSITY PAJAMAS

13 A.D.2d 114 (1961)

Lloyd Moglen, Appellant, v. Varsity Pajamas, Inc., Respondents, et al., Defendants

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

April 25, 1961.

Attorney(s) appearing for the Case

Maxwell D. Moglen for appellant.

Albert A. De Stefano of counsel (George A. Katz with him on the brief; Becker, Ross & Stone, attorneys), for Varsity Pajamas, Inc., and others, respondents.

Nathan Weber for Brookdale Sport Togs, Inc., respondent.

Philip Reich of counsel (Lopin & Jacobson, attorneys), for Wernco Fabrics Company, Inc., respondent.

VALENTE, J. P., and EAGER, J., concur with BERGAN, J.; STEUER, J., dissents in opinion in which McNALLY, J., concurs.

BERGAN, J.

In April, 1958 plaintiff, who describes himself in the complaint as the "No. 1 tennis player for Columbia" College, played and lost a match with one Clinton Wong at a tournament in Kingston, Jamaica. A Kingston newspaper, the Daily Gleaner, published an accurate and truthful account of the match.

Defendant Wernco manufactured a fabric which reproduced a portion of the newspaper article...

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