de Figuerola v. McGraw-Hill Publishing Co.

The amended complaint states a cause of action for libel. It does not allege any special damages, and defendant now moves to dismiss it as insufficient. The action is based upon the publication of a photograph of plaintiff in connection with an article in a publication called “ Business Week ”, which falsely identified plaintiff as the “ Spanish-born Argentine citizen, Jose Figuerola ”, who is stated to be the Director of Argentine’s Five-Year Plan. The amended complaint was served after the original complaint was dismissed by Mr. Justice Hecht (189 Misc. 840, 842). The present pleading has…