Empire Sportswear, Inc. v. Newsday, Inc.

In an action by the owner of a retail store (1) to compel a publisher of a daily newspaper to accept an advertisement for publication and similar advertisements, (2) to enjoin during the existence of an advertising contract the rejection of similar advertisements, and (3) to recover damages, the appeal is (a) from an order denying the retailer’s motion for an order directing the publisher to accept for immediate publication the rejected advertisement, and granting the publisher’s cross motion for summary judgment (Rules Civ. Prac., rule 113), and (b) from the judgment entered thereon. Order…