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CATALANO v. CAPITAL CITIES CORP.

63 Misc.2d 595 (1970)

Richard Catalano, Doing Business as Catalano's Gulf Service Station, Plaintiff, v. Capital Cities Broadcasting Corporation, Defendant.

Supreme Court, Special Term, Albany County.

July 27, 1970

Attorney(s) appearing for the Case

Bookstein, Zubres & D'Agostino (Merton L. Zubres of counsel), for defendant. Ungerman & Harris (F. Stanton Ackerman of counsel), for plaintiff.

T. PAUL KANE, J.

Defendant moves to dismiss the within complaint upon the grounds that it does not state facts sufficient to constitute a cause of action (CPLR 3211, subd. [a], par. 7). The complaint alleges three causes of action for damages; (1) an action in prima facie tort, (2) a violation of section 51 of the Civil Rights Law, and (3) an action for injurious falsehood.

There is no apparent dispute with respect to the basic facts. Plaintiff...

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