Theodore v. News Syndicate Co.

Pécora, J.

The action is for libel. It is based upon an editorial which appeared on the editorial page of the defendant’s newspaper called the Daily News, in its issue of February 16, 1934, and which plaintiff alleges is defamatory.

The answer, while admitting the publication, denies the material allegations of the complaint. It also alleges, by way of affirmative defense, that the judgment recovered by plaintiff in a prior action for libel against the defendant is a bar to this action.

It is undisputed that the prior action was based upon another editorial article appearing upon the same page —…