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MORRISON v. NAT'L BROAD.

24 A.D.2d 284 (1965)

Joseph L. Morrison, Appellant-Respondent, v. National Broadcasting Company, Inc., et al., Respondents-Appellants, et al., Defendant

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

December 23, 1965.

Attorney(s) appearing for the Case

Roger Bryant Hunting (Margaret M. Hill with him on the brief), for appellant-respondent.

Raymond L. Falls, Jr., of counsel (Daniel J. Givelber with him on the brief; Cahill, Gordon, Reindel & Ohl, attorneys), for National Broadcasting Company, Inc., respondent-appellant

Arthur Karger of counsel (Zoloto, Karger & Zurkow, attorneys), for Jack Barry and others, respondents-appellants.

Roger A. Schultz for Pharmaceuticals, Incorporated, respondent-appellant.

RABIN and VALENTE, JJ., concur with BREITEL, J. P.; EAGER, J., dissents in part in opinion; STEUER, J., dissents in opinion.

BREITEL, J. P.

This appeal involves a unique combination of operative facts. While the combination is unique and its novelty is the source of the difficulties in analysis, each of the facts is of a kind found in one or more of the recognized classifications in the law of torts.

Two questions are raised. The first is whether plaintiff's complaint states a cause of action, and the second is, if a claim...

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