Oppenheim v. Gunther

This is an action to recover damages for libel. The complaint alleges a publication by the defendant of a certain article and alleges that it was “ published of and concerning the plaintiff ”. The answer admits the publication of the article, but denies it was published of and concerning the plaintiff. Thereafter the plaintiff, pursuant to section 322 of the Civil Practice Act, served upon the defendant a notice requiring him to admit, for the purposes of this suit, that the plaintiff in this action is the person referred to in the article upon which this action is based.

The defendant served…