Burkan v. Musical Courier Co.
New York Supreme Court
Motion by defendant in an action for libel to require plaintiff to elect one alleged libelous statement in three of six alleged causes of action.
1Opinion of the CourtGavegan, J.
This is a motion made hy the defendant in an action for libel to require the plaintiff to elect one alleged lihel-ous statement in three of the six alleged causes -of action pleaded in the amended complaint, and for an order striking out from each of the alleged causes of action all reference to the other libelous statements therein contained. It is unnecessary to analyze the complaint. It is sufficient to say that the -allegations sought to he stricken out -are material as either intending to s-liow actual malice or aggravation of damages. As was held hy Mr. Justice Houghton in Bingham v.…
2Cases cited13 opinions
- Crane v. . BennettNew York Court of Appeals · 1904
- Thorn v. . KnappNew York Court of Appeals · 1870
- Inman v. FosterNew York Supreme Court · 1832
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Keenholts v. BeckerNew York Supreme Court · 1846
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