Rosenblatt v. Common Sense Newspaper, Inc.

In an action for an injunction under Section 22-a of the former Code of Criminal Procedure (now CPLR 6330), the appeal is from a judgment of the Supreme Court, Dutchess County, dated April 23, 1971 and made after a nonjury trial, granting plaintiff injunctive relief. Judgment reversed, on the law and the facts, without costs, and-complaint dismissed. The injunction sought in this action was to prevent the sale, distribution and dissemination by appellants of the publication known as “ Common Sense, January 1971, Issue #3 ” to persons under 17 years of age, on the ground that the publication…