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CONCERT RADIO v. GAF CORP.

108 A.D.2d 273 (1985)

Concert Radio, Inc., Respondent, v. Gaf Corporation et al., Appellants

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

May 9, 1985

Attorney(s) appearing for the Case

Arthur L. Liman of counsel (Max Gitter and Steven Gey with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellants.

Harry E. Youtt for respondent.

Barbara A. Lee of counsel, for Listeners' Guild, Inc., amicus curiae.

SANDLER, J. P., and BLOOM, J., concur with ASCH, J.; KASSAL, J., dissents in part, in an opinion.

ASCH, J.

WNCN-FM broadcasts classical music 24 hours a day. In 1974, the then owner of WNCN, Starr Broadcasting Group, Inc. (Starr), finding it not profitable to operate the station under a classical music format, transformed the station to a rock music station under the call letters of WQIV. This resulted in a storm of opposition from WNCN listeners. Several public interest groups were formed to oppose the...

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