Klein v. Biben

Defendant -Biben moves to dismiss the complaint pursuant to rules 106 and 107 of the Buies of Civil Practice on the ground that the cause of action set forth in the complaint is barred by the Statute of Limitations and that the complaint fails to state facts sufficient to constitute a cause of action. Plaintiff alleges that the publication of the libel in “ The American Hebrew ” occurred on or about May 12, 1944., Paragraph 12 of the complaint states that the libel was repeated by reference in the issue of the same periodical dated June 23, 1944. It is further alleged in paragraph 14 with…