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Robert Brian Associates, Inc., Plaintiff, Against Loews Theatres, Inc., Defendant. Supreme Court of the State of New York County of New York Deposition of Robert M. Sandelmann

Date: 07 Feb 1975
Length: 306 pages
03709063-03709368
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Fields

Author
Sandelmann, R.M.
Alias
03709063/03709368
Type
PLEA, PLEADING
TRAN, TRANSCRIPT
Area
LEGAL DEPT FILE ROOM
Named Organization
Advertising Age + Promotion Magazine
Alfred Paul Lefton
American Hotel
Barton Press
Bissell
Blue Ribbon Division
Brooklyn College
Bw, Brown & Williamson
Canada Dry
Consumers Magazine
Consumers Union
Darci
Dl Blair
Dupont
Foote Cone
Ftc, Federal Trade Commission
Glass Greenberg
Good Luck Glove
Hudson Pulp + Paper
Ibm
Jewish Family Services
Johnson + Johnson
Kent June Review
Kraft
Lehm + Fink
Lenlehn + Newell
Litten Industries Sales Promotion G
Loews Hotels
Loews Theaters
Manhattan Shirt
Mobil Oil
Monasch Chazen
Monsanto
Nabisco
Norton Simon
Nyu
Ny Times
Paul Weiss
Pepsi Cola
Periodical Advertising + Sales Prom
Plaza Group
RJR, R.J.Reynolds
Robert Brian Associates
Sales Promotion Executive Assn
Sandy Printing + Offset
Supermarket Institute
Syergists
Triangle Research
Aaron Perel
Copied
B, J.J.
G, I.
G, M.I.
Killeran, J.
Killian, J.
K, J.
S, A.J. <Stevens, A.J.>
Xxphil
Named Person
Armstrong, L.
Bass
Bass, B.
Bresnahan, J.
Careyspoke, R.
Carey, R.
Crown, M.
Dougherty, W.
Gaberman, P.
Gassman, M.I.
Gerber, I.
Glass, L.R.
Goldsmith, V.
Greenberg, L.
Guberman, I.
Hann, M.
Heinze, L.
Hirschhorn, S.
Howard, D.
Jagoda, H.
Jagota, D.
Jagota, J.
Johnson, M.
Johnston, N.
Judge, C.H.
Kaufman, H.R.
Kaufman, L.
Kennedy, J.
Killeran, J.
Killian, J.
Kleinbard, M.
Mahoney, N.
Monasch, B.I.
Moore
Moss, M.
Ocain
Oconnor, F.
Orth, R.
Perel, A.
Preston, R.
Rosenfeld, G.
Sandelmann, A.A.
Sandelmann, J.
Sandelmann, R.M.
Schwartz
Sigman, S.
Stevens, A.J.
Stevens, R.
Tisch
Tisch, R.P.
Weinberg, R.
Wells, F.
White, H.
Xxalan
Xxjohn
Xxmary
Zigman, S.
Zogg, R.J.
Document File
03709063/03709368/Missing. Sandelman Deposition
Date Loaded
12 Feb 1999
Master ID
03709063/1227
Related Documents:
Litigation
Okag/Privilege Withdrawn
Okag/Produced
Stmn/Produced
Author (Organization)
Ny Supreme Court County of New York
Characteristic
MARG, MARGINALIA
Site
N14
Brand
Kent
Kicks
Maverick
Newport
Old Gold
Raleighs
True
UCSF Legacy ID
ens40e00

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SUPREi,2 COURT OF Zi3E STATE OF NEW YORK COUNTY OF' NE ;lJ YORK w. -------------------------------------x aoainst INDEX NO. LOEWS THEATRES, I1VC, , Defendant. --------------------------------------x ROBERT BRIAN ASSGCIATES, INC., Plaintiff', DEPOSITION of ROBERT M. SANDELh1ANN taken before a Notary Public of the State of New York, held at the offices of Paul, Weiss, Rifkin, Wnarton & Garrison, 31-{5 Park Avenue, New York, New York J0G29, on February 7, 1975 at 10:00 a.m., pursuant to Notice dated © December 27, 1974. BORAK REPORTING SERVICE, P. C. CERTIFIED SHORTHAND REPORTERS / 295 MADISON AVENUE NEW YORK. N. Y. 10017 : (212) 689-8080 NIGHT PHONES: (212) 475-1347 (516) 487-6474
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D,3-7t~j6(,q3 rF SANDELMAN DEPOSITION
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~ 1 3 a. 4 5 6 9 10 11 12 13 14 15 1o 17 18 19 20 21 2 A P P E A R A N C E S: GLASS, GREENBERG & IRWIN, ESQS. Attorneys for Plaintiff 540 Madison Avenue New York, New York 10022 BY: LEONARD R. GLASS, ESQ. of Counsel PAUL, WEISS, RIFKIND, WHARTON & GARRISON, ESQS. Attorneys for Defendant 345 Park Avenue New York, New York 10029 BY: MARTIN KLEINBARD, ESQ. and HENRY R. KAUFMAN, ESQ. of Counsel IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto through their respective counsel that sealing, certification and filing shall be and the same are hereby waived. IT IS FURTHER STIPULATED AND AGREED that all objections, except as to the form of then .1 questions, shall be reserved to the time of ~ O the trinl_ Oy IT IS FURTHER STIPULATED A1dD AGREED that 22 the within deposition may be signed and sworn 23, to before any Notary Public with the same force 2-Jp and effect as if siPned and sworn to before the 25 Court.
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t' 1 2 3 a. 4 V 5 6 8 9 10 11 12 13 14 15., 16 17 18 19 20 21 22 23 ~ r 24 25 3 R 0 B E R T M. S A N D E L MA N N, r e s id in` at 1007 East 3Bth Street, New York, New York, having been first duly sworn before a Notary Public of the State of New York, upon being examined, testified as follows : EXAh;INATION BY MR. KLEINBARD: Q b1r. . Sand e lmann, would you s t a t e your full name and address for the record? A Robert R1. Sandelmann, 1007 East 38th Street, New York City. Q occupation? Mr. Sandelmann, what is your present A An executive. Q An executive of what? A Of Robert Brian Associates, Inc. Q And how lon,- has that been a corporation? A It was incorporated in New York in 1955. Q ..Are you a major atockholder of that cor,.oration? O GW A Yes, I am. C Q Are there any other stockholders? O ~ A No, s ir . Q So then we can move you up to the sole
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I ~ 1 Sand e lmann 4 2 stockholder? A Sole. .. 4 . Q All ri`ht. Not~~, what does Robert Brian 11.~ 5 Associates, Inc. do? What is the nature of the work? 6 7 A A sales promotion a~ency and market counsel r g oup. 8 Q And it has been in that line of business 9 since 1955? 10 A Yes, sir. 11 Q So it would be fair to say that you have 12 been encyayed in the same line of activities, business 13 activities since 1955? 14 A That is correct. 15 Q Now, prior to 1955, what was your business 16 experience? . 17 A Immediately prior to 1955, I was in the printing 18 and lithography fie ld and sales representative. 19 ^ Q For any particular company? 20 A Yes sir A . , W ~ 21 Q -ti•lhat wa s the -nar.,,e of that company? O 0 22 A ~ g, and Offset Corporation Sandy Yrintin . 1 ~ 23 Q Did you have any interest in that company? 24 A No, s i r. 25 r Q In otlior words, you ti•;ere just an employee
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I 1 Sand e lrnann 5 r, 4, at that time? 3 A Sales employee. 4 Q And who was the principal of that company? 5 ~ A Pard on me ? 6 Q Who was the principal of that company? 7 A There were two principals, one was named 8 Alex A. Sandelmann and the other name was Jack 9 Sandelmann. 10 Q Were either of them related to you by 11 blood or throuryh marria-e? 12 A Both were related, Alex uas my father and 13 Jac k was my unc le . 14 Q How long did you work for the Sandy 15 Printing and Off set Company? 16 Six years. 17 Q That takes it back to 19119, does it 18 not? 19 A Jus t ab out, s ir . 20 And I don't want to ~o all t:ze way back Q 21 to kinderCDarten, but did you do anythin:,; prior to 22 that in the business community? 0 C.~ ~ 23 A Yes, sir. C 4 O 240 Q ;•)h a L wa s t h a t? ~ 25 A I attended e;r York University as a rnatriculatin,-~
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1 2 4 5 ? 8 9 10 11 16r Sandelmann student and I`raduated in 19119. a. Q What de~ree did you ~et? A Bac he lor of Sc ienc e. Q Now, in your -- by the way, what position do you occupy at 'Robert Brian Associates, Inc. at the present time? A I am its president. Q And have you been its president since 1955? A Yes. Q n tiahen did you first become associated, -arhen did you first become acquainted or have any business dealinws with the Lorillard Division of Loews? A Lorillard Division of Loe;.:s and other companies entered into an -a~ree:nent on June l, 197O . Q Now, prior to that time, was iorillard 17 a separate corporation and division from Loews, Inc. 18 as far as you knoi:? 19 A '•Jell, we had worE:ed for Loews Hotels over the 20 year;-. I,ir . Tisch,_nd to my knoi: ] ed- e, he d id not ovin 21 Lorillard dtirin,-~ my relati~nsh1.:~ with him and his 22 brother. 03709068 23 Q Well, during what period of time did you 2,}r` work for the dei'endant, Loer:s Theatres, Inc.? 25 A j"Iell, we ne«-2r did Work for TheatreU, In
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1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .. 17 18 19 20 21 22 23 2-1. r 25 Sand lemann 7 but we worked for Loews Hotels and we did work for them continuously in the early '60's. Q When you say you worked, what type of work did you do for them? We desi`ned, wrote and f urnished the artwork for hotel brochures, for the various hotel properties. Vle submitted ideas, creative ideas to the company in re`ards to their relationshio with travel auents, hotel market problems, the whole range of market problems in the operat ion of their Yiotels. Q And with whom did you deal with at Loeti•Js Hotel? A Robert Preston. His assistant -- I can't remember his name and the director, I,'r. Gerber, Irv,in Gerber and David Hoti•rard, 14r. Gerber's predecessor. Q Now, you mentioned a date when you say Robert Brian Associates, Inc. and the Lorillard Division of- Loei,;s Theatres, Inc. entered into an al-reement--- j us t a f el•r niS.nutes A ^ YeS . Q Arid on what date did you say they ente-ced into the aGreement? A June 1, 1?70. 03709069 Q Now, before entehin;_; into whatever a`reement
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1 Sandelmann 8 2 you claim you entered into on that date, did you have 3 any communication with anybody at Lorillard or make a. 4 any presentation to any persons at Lorillard? 5 6 8 9 10 A Ye s, we d id . Q Could you describe what you did, when you d id it and with whom? A Durin` those early years prior to June 1, 1970, the tobacco com,-)anies were no lon`er coin` to spend money on the electronic media, television and radio 11 and therefore were looking for other ways to compute 12 their market dollars that they had.aopropriated each 13 year in their bud';et. We wrote to them and contacted 14 them personally and su--ested that they consider using 15 salesPrbmotion and marketing tools as a way of promotin~ 1C~ their line and brands of cigarettes. 17 Q Al1l r i(ght. 18 19 A They invited us t;:, the eorn,~any. Q Will you hold it at that point? When you 20 say you ;•rrote to them, 1-rho 1•r1•ote to ti;hom? 21 P We ~;rr•ote a short note to Joe r_illiarl, who at 22 that time was the sales promotion manager for Lorillard. 23 24r si~rnatui•e? 25 Q as my :.~i_;nature, yes. And 1•rhen you say'kqe;' is that over your 03'7030'70 0
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'k 1 Sandelmann 9 2 Q And you wrote a shor t note to him, you 3 M-say sometime prior to June 1, 1970? 4 A Oh, yes. 5 About how long before? Q 6 A Within sixty days of that time. 7 Q Do you recall the substance of that 8 communication? 9 A Yes, I do. We su~~ested that I~ir. Killian 10 invite us to maE~e a presentation at his company, in 11 the area of our expertise, sales promotion and market 12 counselinl-. 13 ~1R , K_LE IIMA1;?): I"loiv, j us t c onf in i.n-, our - 14 selves to that particular communication, do ,•re 15 have that letter? 1fr MR. KAUF1 AI1: No. 17 MR, hLE IPIBARD : Do you have a c opy of that 18 ? tt l er e 19 M,, GLASS: Iio, sir, vJe do not. . 20 a Do you kn ~;r Vihz3t becaine of that lettcr-: 21 A 11;), ^ir, I do nt. It was a hand~,,ritten note. 22 Q t'1re you sayin,; o?' su~:estin; by your 23 answer that you did not retain a copy of that note? 2'r A That is cor-rec t. 03'7090'71 25 Q And wn,:t response, if any, did you receive

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