Flynn v. Confidential, Inc.

Motion by the defendant to vacate or modify the plaintiff’s demand for a bill of particulars of the defendant’s affirmative defenses, entire and partial, is granted to the extent of striking items 1 and 2 and it is otherwise denied.

The action is in libel based on the admitted article of the plaintiff published in the March, 1955 issue of the defendant’s magazine. True, it is only under unusual circumstances that the court permits an order compelling the giving of names and witnesses in advance of trial (Goakes v. City of Oneida, 180 App. Div. 118, 119-120). But in special circumstances,…