NAT. COMM., MOTHER'S DAY v. KIRBY CO.


17 A.D.2d 390 (1962)

National Committee On the Observance of Mother's Day, Inc., Respondent, v. Kirby, Block & Co., Inc., et al., Appellants

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

December 4, 1962.


Attorney(s) appearing for the Case

Michael K. Stanton of counsel (Edward C. Wallace with him on the brief; Weil, Gotshal & Manges, attorneys), for appellants.

Robert S. Newman of counsel (Lowenstein, Pitcher, Hotchkiss, Amann & Parr, attorneys), for respondent.

RABIN, J. P., STEVENS and STEUER, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in part and votes to affirm in memorandum, in which EAGER, J., concurs.


Per Curiam.

The complaint contains three causes of action. The defendants moved to dismiss the first cause of action. The plaintiff cross-moved for summary judgment on the second and third causes of action. The court denied defendants' motion to dismiss and granted plaintiff's cross motion as regards the second cause of action only. The denial of the motion as regards the third cause of action has not been appealed...

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