Wolfson v. Syracuse Newspapers, Inc.

This is an action to recover damages for libel. At Special Term the amended complaint was dismissed upon motion of defendant made under subdivision 6 of rule 107 of the Rules of Civil Practice on the ground that the causes of action therein set forth were barred by the Statute of Limitations. The Appellate Division, by a divided court, has affirmed the judgment entered thereon. No answer has been interposed. The propriety of the relief granted must be tested by a reading of the complaint alone since the time and occasion are not appropriate for a consideration of the denials and defenses…