Barney's Clothes, Inc. v. W. B. O. Broadcasting Corp.

McLaughlin (Charles B.), J.

This is a motion to dismiss the complaint under rule 106 of the Rules of Civil Practice. There is also a motion made to make the complaint more definite and certain. The plaintiff is a clothing merchant and the defendant conducts a broadcasting station. Contracts were entered into by the parties in which the defendant agreed to give certain specified time to the plaintiff for its program and also to give the plaintiff a certain number of special or spot announcements on the radio each week. While there are nine causes of action alleged, each is identical except as…