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BORIES, INC. v. WESTINGHOUSE BROAD.

29 A.D.2d 430 (1968)

Robert A. Bories, Inc., Respondent, v. Westinghouse Broadcasting Company, Inc., et al., Appellants-Respondents

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

April 2, 1968.

Attorney(s) appearing for the Case

Allen F. Maulsby of counsel (Edwin A. Kilburn with him on the brief; Cravath, Swaine & Moore, attorneys), for Westinghouse Broadcasting Company, Inc., appellant-respondent.

David Halperin of counsel (Fried, Beck & Tannenbaum, attorneys), for Gotham Broadcasting Corp., appellant-respondent.

I. Louis Winokur of counsel (Frank R. Cohen with him on the brief; Farber, Cohen & Diamond, attorneys), for respondent.

STEVENS, J. P., STEUER, CAPOZZOLI and McGIVERN, JJ., concur.

RABIN, J.

This controversy arises out of an agreement entered into on July 26, 1961 between plaintiff, Robert A. Bories, Inc., (hereinafter referred to as Bories) and Gotham Broadcasting Corp. (hereinafter referred to as Gotham), the then owner and operator of Radio Station WINS, in New York City. Under that agreement, Gotham was to provide certain free radio time to...

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