Dinkelspiel v. New York Evening Journal Public Co.

The action is to recover damages for an alleged libel published by the defendant in reporting part of the testimony given by the plaintiff while a witness in an action for divorce in this court. The words complained of are as follows : “ Dinkelspiel also admits club expelled him for cheating at cards. * * * Were you expelled from a club in the upper part of this State for cheating at cards? A. Yes, sir.” Motion is made to strike out as irrelevant and redundant several paragraphs of the answer which consists of a defense of privilege and a plea in mitigation and reduction of damages. The…