Legal Opinion
Le Dans, Ltd. v. Daley
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 1960PublishedCited by 5 opinions
1Opinion of the CourtMcNally, J.
In this libel action, the appeal is from an order sustaining the sufficiency of the second amended complaint. Appellant urges that the said pleading is insufficient on the ground, among others, that it fails to allege special damages.
Respondent is engaged in the business of rebottling colognes and similar products and selling the rebottled products to its customers for resale to the public in a gold encased flaconette at $1 a dram. Affixed to respondent’s product is a label setting forth that it is rebottled from the genuine product wholly independent of the manufacturer. Respondent also…
2Cases cited5 opinions
- Gross v. CantorNew York Court of Appeals · 1936
- Czarnikow-Rionda Co. v. Federal Sugar Refining Co.New York Court of Appeals · 1930
- New York Society for the Suppression of Vice v. MacFadden Publications, Inc.New York Court of Appeals · 1932
- Van Heusen v. . ArgenteauNew York Court of Appeals · 1909
- Hernando Plantation Co. v. Slovak Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
3Cited by5 opinions
- Gosden v. LouisOhio Court of Appeals · 1996
- Murphy v. Cadillac Rubber & Plastics, Inc.District Court, W.D. New York · 1996
- Gatz v. Otis Ford, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Mullenmeister v. Snap-On Tools Corp.District Court, S.D. New York · 1984
- Ideal Publishing Corp. v. Creative Features, Inc.Appellate Division of the Supreme Court of the State of New York · 1977