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LE MISTRAL v. CBS

61 A.D.2d 491 (1978)

Le Mistral, Inc., Appellant-Respondent, et al., Plaintiff, v. Columbia Broadcasting System, Respondent-Appellant, et al., Defendants

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

March 2, 1978

Attorney(s) appearing for the Case

Roy M. Cohen of counsel (John F. Lang with him on the brief; Saxe, Bacom & Bolan, P. C., attorneys), for appellant-respondent.

Carleton G. Eldridge, Jr., of counsel (Gordon T. King, Pamela G. Ostrager and Ronald E. Guttman with him on the brief; Coudert Brothers, attorneys), for respondent-appellant.

LANE, MARKEWICH and SANDLER, JJ., concur with LUPIANO, J.; MURPHY, P. J., dissents in part in an opinion.

LUPIANO, J.

Defendant Columbia Broadcasting System in its capacity as owner and operator of Television Channel 2 in New York, on July 6, 1972, directed defendant Lucille Rich, its employee, and a camera crew to visit a number of restaurants which had been cited for health code violations by the Health Services Administration of New York City. Plaintiff restaurant was on the list. The camera crew and Ms. Rich...

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