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HILL v. HAYES

15 N.Y.2d 986 (1965)

James J. Hill, Respondent, v. Joseph Hayes et al., Defendants, and Time, Inc., Appellant.

Court of Appeals of the State of New York.

Decided April 15, 1965.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., and Alan J. Hruska for appellant.

Leonard Garment and Donald J. Zoeller for respondent.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Judge FULD dissents in the following opinion in which Judge BERGAN concurs.

Judgment affirmed, with costs, on the majority and concurring opinions at the Appellate Division.

FULD, J. (dissenting).

The article, published (in 1955) by the defendant in its magazine Life, on which the plaintiff's cause of action is predicated, read in this way:

"TRUE CRIME INSPIRES TENSE PLAYC>"The Ordeal of a Family Trapped by Convicts Gives Broadway a New Thriller,C>`THE DESPERATE HOURS' "Three years ago Americans...

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