New York Court of Appeals

Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Company, Inc., Appellants-Respondents

February 10, 197230 N.Y.2d 34

Summary

The New York Court of Appeals affirmed the Appellate Division's order that the publisher breached its contractual "best efforts" clause but that money damages, not a permanent injunction, were the appropriate remedy; a dissent argued that a permanent injunction was warranted.