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LARKIN v. PUTNAM'S SONS

14 N.Y.2d 399 (1964)

Leo A. Larkin, as Corporation Counsel of the City of New York, et al., Respondents, v. G. P. Putnam's Sons, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

Charles Rembar for appellant.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and George H. P. Dwight of counsel), for respondents.

Judges DYE, FULD and VAN VOORHIS concur with Judge BERGAN; Chief Judge DESMOND dissents in an opinion in which Judges BURKE and SCILEPPI concur, the latter in a separate opinion in which Chief Judge DESMOND and Judge BURKE concur.

BERGAN, J.

In this action maintained by the Corporation Counsel of the City of New York and by the District Attorneys of each of the five counties of the city in pursuance of section 22-a of the Code of Criminal Procedure, an injunction is sought to restrain defendant, a book publisher, from selling and distributing "Memoirs of a Woman of Pleasure" by John Cleland, written about 1749, and popularly known as ...

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