Irwin Co. v. Magazines of Industry, Inc.

CONGER, Judge.

Motion by the defendant for leave to serve and file an amended answer to which the plaintiffs object solely to the proposed fourth defense.

In Turton v. New York Recorder Co., 144 N.Y. 144, 38 N.E. 1009, the Court stated:

“But even if the defendant could have had the benefit of a retraction published after the commencement of the action, the mere offer to publish it gave it no benefit or advantage.” 144 N.Y. at page 149, 38 N.E. at page 1010.

It is true that the Court appears to base its holding upon the inefficacy of an offer to plaintiffs’ attorney to publish any retraction that…