Empire Sportswear, Inc. v. Newsday, Inc.

The plaintiff in this action moves for a mandatory injunction to compel the defendant newspaper to accept an advertisement proffered by the plaintiff for insertion in defendant’s paper.

The defendant moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice, relying upon documentary evidence and facts which are not in dispute.

There is a contract between the parties covering this ad which among other things provides as follows: “Terms and conditions: 1. Advertising copy. The subject matter, form, size, wording, illustrations and typography of all advertising is subject to…