Legal Opinion

Association for the Preservation of Freedom of Choice, Inc. v. Pickering

New York Supreme Court

Decided October 30, 1961Published

1Opinion of the CourtBirdie Amsterdam, J.

Plaintiffs move pursuant to rules 103, 104 and subdivision 6 of rule 109 of the Buies of Civil Practice for an order striking out and dismissing the first and fourth defenses and pursuant to said rules 103 and 104 for an order striking out so much of paragraph 1 of the answer as denies paragraphs 1 and 4 of the complaint and so much of paragraph 6 of the answer as denies ‘ ‘ that the allegedly libelous words were intended to be understood as referring to plaintiff Swan

In the first defense it is alleged that the libelous words set forth in the complaint were published without malice and on…

2Cases cited2 opinions

  1. Fleckenstein v. FriedmanNew York Court of Appeals · 1934
  2. Hearst v. New Yorker Staats ZeitungNew York Supreme Court · 1911

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