Jackson v. Consumer Publications, Inc.

Plaintiff alleged two causes of action against defendants, the first a libel action, the second for a violation of section 51 of the Civil Eights Law. On defendants’ motion to dismiss under rule 106 of the Eules of Civil Practice the Special Term dismissed the first cause of action with costs but denied the motion to dismiss the second. As plaintiff alone appealed, the sole issue is the sufficiency of the first cause of action in libel.

Plaintiff therein alleges that in the February, 1938, issue of National Consumers News, a magazine having a wide circulation and published by defendants, the…