RUDMAN v. COWLES COMMUNICATIONS


35 A.D.2d 213 (1970)

Jack Rudman, Respondent-Appellant, and Frances Rudman et al., Appellants, v. Cowles Communications, Inc., et al., Appellants-Respondents

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

November 12, 1970.


Attorney(s) appearing for the Case

John F. Cannon of counsel (James E. Blackwood with him on the brief; Sullivan & Cromwell, attorneys), for appellants-respondents.

Martin Kleinbard of counsel (Mark H. Alcott and Theodore W. Striggles with him on the brief; Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, attorneys), for respondent-appellant and appellants.

CAPOZZOLI, MARKEWICH and McNALLY, JJ., concur with EAGER, J. P.; McGIVERN, J., dissents in part in opinion.


EAGER, J. P.

The plaintiffs and defendants appeal from a judgment entered upon the decision of a Special Referee, the defendants appealing from that part of the judgment awarding a recovery to plaintiff Rudman on the third cause of action, and the plaintiffs cross-appealing from that part of the judgment dismissing the first and second causes of action, awarding a recovery to defendants upon their eleventh counterclaim...

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