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FREEMAN v. JOHNSTON

192 A.D.2d 250 (1993)

Brian M. Freeman, Respondent-Appellant, v. Moira Johnston, Appellant-Respondent, et al., Defendant

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

August 19, 1993

Attorney(s) appearing for the Case

Jonathan W. Lubell and Arlene R. Smoler of counsel (Morrison Cohen Singer & Weinstein, attorneys), for respondent-appellant.

Slade R. Metcalf of counsel (Mark H. Jackson with him on the brief; Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin, attorneys), for appellant-respondent.

WALLACH, J. P., and KASSAL, JJ., concur with KUPFERMAN, J.; ROSS, J., dissents in a separate opinion.

KUPFERMAN, J.

Defendant Johnston is the author of "Takeover: The New Wall Street Warriors — The Men, The Money, The Impact" (Takeover). One of the corporate takeover battles described in the book is the struggle for control of Trans World Airlines (TWA) between Carl Icahn and Frank Lorenzo, ultimately won by Icahn. In the age of Milken & Boesky, such struggles are a staple in the book market. See...

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