NAT. APPAREL COUNCIL v. DUN & BRADSTREET


42 A.D.2d 58 (1973)

National Apparel Adjustment Council, Inc., as Trustee in Bankruptcy of Dejay Stores, Inc., Appellant-Respondent, and Albert I. Gordon, as Trustee in Bankruptcy of United Star Companies, Inc., et al., Appellants, v. Dun & Bradstreet, Inc., Respondent-Appellant

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

June 26, 1973.


Attorney(s) appearing for the Case

Morris Pottish for appellants.

John J. McAvoy of counsel (Orison S. Marden, Thomas J. O'Sullivan, III, and Laura Banfield with him on the brief; White & Case, attorneys), for respondent-appellant.

David F. Dobbins of counsel (Caesar L. Pitassy, Stanley Godofsky and Rodd McCormick Reynolds with him on the brief; Royall, Koegel & Wells, attorneys), for appellant-respondent.

STEVENS, P. J., MARKEWICH, MURPHY, STEUER and CAPOZZOLI, JJ., concur.


Per Curiam.

This case was tried in 1969, embracing events that took place in 1962. It consumed 55 days of trial in all and, at its commencement, had a jury of 12 and 4 alternates; it finished, by consent, with a jury of 8. It started with 14 causes of action, sounding in malicious prosecution, libel and slander, and prima facie tort, and 8 causes fell along the way. The remaining 6 resulted in substantial verdicts for...

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