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JOHN'S 53-26, INC. v. CHILTON CO.

83 A.D.2d 830 (1981)

John's 53-26, Inc., Doing Business as John's Service Station, Appellant, v. Chilton Company, a Division of American Broadcasting Companies, Inc., Respondent

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

August 3, 1981

Order modified by adding thereto, after the word "granted", the following: "except that defendant's motion is denied insofar as it seeks dismissal of that part of the complaint which is based upon the photographs referred to in paragraphs `7' and `8' of the complaint and the respective headline and caption accompanying them." As so modified, order affirmed, with $50 costs and disbursements to the plaintiff.

While we concur...

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