GOLDSTEIN v. GARLICK


65 Misc.2d 538 (1971)

Larry Goldstein et al., Plaintiffs, v. Frieda Garlick et al., Defendants.

Supreme Court, Special Term, Queens County.

February 10, 1971


Attorney(s) appearing for the Case

Rapoport, Rubino & Pincus (Myron J. Greene of counsel), for plaintiffs. Lord, Day & Lord for New York Times Company, defendant. Ashe & Rifkin (George Rifkin of counsel), for Forward Association, Inc., defendant. Goldstein, Gurfein, Shames & Hyde (Edward Brodsky of counsel), for Frieda Garlick and others, defendants. Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison for New York Post Corporation, defendant. Nathan Immerman for Day Publishing Co., Inc., defendant.


LEO BROWN, J.

Fundamental questions concerning the liability of a newspaper which publishes an advertisement that allegedly injures the advertiser's competitors are presented on these four separate motions by the newspaper defendants for summary judgment.

This is an action by J. S. Garlick Parkside Memorial Chapels, Inc. (hereinafter Garlick Parkside) which is in the business of conducting funerals,...

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