ROSSI v. F. W. WOOLWORTH CO.


56 A.D.2d 566 (1977)

James Rossi, Respondent, v. F. W. Woolworth Co., Appellant

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

February 28, 1977


It is an ancient rule that relief such as that here granted may issue only on showing of clear entitlement thereto. (See Brass v Rathbone, 153 N.Y. 435.) There is no such showing here. We have not seen a single case holding that the report required of a corporation by SEC regulations to be sent to stockholders is a document used for the purpose of soliciting patronage, the ordinary meaning of "advertising purposes, or for the purposes of trade" (Civil Rights Law, ...

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