Chiappinelli-Marx, Inc. v. Pacitto

This is a motion by the defendant for an order extending the time of the defendant herein to answer the complaint.

It appears that a motion was previously made by this defendant to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. Said prior motion was denied. An appeal tó the Appellate Division has been taken from the aforesaid order denying the motion to dismiss the complaint.

*851Plaintiff opposes this motion on the ground that by the time the appeal is determined the one-year Statute of Limitations on a libel action may have expired.

Plai…