Poughkeepsie Buying Service, Inc. v. Poughkeepsie Newspapers, Inc.

This is a motion to dismiss the complaint herein upon the ground that it fails to state facts sufficient to constitute a cause of action. The action is by a merchant, who alleges he conducts two retail stores in the city of Poughkeepsie, N. Y., and is brought against a publisher of a Poughkeepsie daily newspaper. The complaint alleges that the newspaper published by the defendant is the only general daily newspaper in Poughkeepsie and is known as the “ Poughkeepsie New Yorker,” and that, by reason of its large circulation and high reputation, it is 11 the dominant advertising medium in the…