Advance Music Corp. v. American Tobacco Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
The action is by a music publisher against two defendants, The American Tobacco Company and its advertising agency. It arises out of plaintiff’s claim of injury from allegedly unfair opinions expressed by defendants in their weekly nationwide radio program “ Your Hit Parade ” wherein they announce the nine or ten most popular songs in the country but, despite their merit, exclude from such list of popular songs those published by plaintiff. The original complaint was dismissed for legal insufficiency, with leave to amend. *709(183 Misc. 645, Hecht, J.) The appeal is from an order denying a motion…
2Cases cited28 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Nann v. RaimistNew York Court of Appeals · 1931
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
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3Cited by10 opinions
- Koussevitzky v. Allen, Towne & Heath, Inc.New York Supreme Court · 1947
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- Daniel v. Dow Jones & Co.Civil Court of the City of New York · 1987
- Demuth Development Corp. v. Merck & Co., Inc.District Court, E.D. New York · 1977
- Daas v. PearsonNew York Supreme Court · 1971
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