Kamen v. United Press International, Inc.

In this action founded on an alleged libel contained in a press dispatch issued by defendant, said defendant moves to dismiss the complaint (a) pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice, upon the ground that the cause of action pleaded in the complaint is barred by the one-year Statute of Limitations applicable to actions for libel or slander (Civ. Prac. Act, § 51), and (b) pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice, upon the ground that there is an existing final order of the court, rendered on the merits, determining the cause of action…