Goldberg v. New York Times

Order, Supreme Court, New York County, entered February 9, 1978, dismissing the complaint for failure to state a cause of action, unanimously reversed, on the law, and the complaint reinstated, with $75 costs and disbursements of this appeal to appellant. The ground for dismissal assigned at Special Term is that "it is impossible for the plaintiff to prove the essential element of damages” resulting from defendant-respondent’s failure to print the advertisement accepted from plaintiff-appellant. The activities of defendant in receiving the advertisement, in assuring timely insertion in the…