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HEARST MAGS. v. GREENSTONE/FONTANA CORP.

1306, 101809/10.

139 A.D.3d 623 (2016)

30 N.Y.S.3d 859

2016 NY Slip Op 04132

HEARST MAGAZINES, Respondent, v. GREENSTONE/FONTANA CORP. et al., Defendants, and JEANNE FONTANA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2016.

As a general matter, the unasserted claim by plaintiff magazine against its frequent advertiser would not constitute a cognizable claim for damages (see Phillips-Smith Specialty Retail Group II v Parker Chapin Flattau & Klimpl, 265 A.D.2d 208, 210 [1st Dept 1999], lv denied 94 N.Y.2d 759 [2000]). Moreover, where the funds were converted by defendant advertising agency, but the ad for which it received the funds nevertheless...

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