GOLDBERG v. NEW YORK TIMES


66 A.D.2d 718 (1978)

George Goldberg, Appellant, v. New York Times, Respondent

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

December 19, 1978


The ground for dismissal assigned at Special Term is that "it is impossible for the plaintiff to prove the essential element of damages" resulting from defendant-respondent's failure to print the advertisement accepted from plaintiff-appellant. The activities of defendant in receiving the advertisement, in assuring timely insertion in the newspaper, in attempting to secure a reorder, and in the very belated act of explanation for failure to print the advertisement all add...

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