Legal Opinion
Clevenger v. Baker Voorhis & Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1960Published
1Opinion of the CourtM. M. Frank, J.
The defendants separately appeal from Special Term orders denying their motions to dismiss the amended complaint for failure to allege a cause of action. The suit is to recover damages, not for violation of the Civil Bights Law (§ 51), but rather, as stated by the plaintiff, as a common-law action “for misrepresentation of editorship.”
The complaint does not allege a libel, a breach of contract, unfair competition, or a trespass upon the plaintiff’s literary property by the unwarranted and unauthorized publication of a manuscript without his consent (see American Law Book Co. v. Chamberlayne,…
2Cases cited5 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Ruza v. RuzaAppellate Division of the Supreme Court of the State of New York · 1955
- Rager v. McCloskeyNew York Court of Appeals · 1953
- American Law Book Co. v. ChamberlayneCourt of Appeals for the Second Circuit · 1908
- Jones v. American Law Book Co.Appellate Division of the Supreme Court of the State of New York · 1908