Hains v. New York Evening Journal, Inc.

Taylor, George H., J.

The defendant admits the publication of the alleged libelous article, which refers, inter alia, to alleged conditions in Mamaroneck officialdom, to the indictments found against certain officials and to the charges of neglect of duty on the part of certain other officials, including the plaintiff, who is the mayor of the village, as made in the taxpayer’s action of Williams Corporation v. Hains and others.(a) The answer asserts privilege ■ — that the matter published constituted the fair and true report contemplated by section 337 of the Civil Practice Act. The plaintiff…