Legal Opinion

Klein v. Biben

New York Supreme Court

Decided January 8, 1947PublishedCited by 3 opinions

1Opinion of the CourtPecoba, J.

This is a motion to strike out all the defenses and partial defenses pleaded in the answer for alleged insufficiency.

The first defense purports to he á complete defense but it relates solely to the publication dated May 12, 1944. The Court of Appeals has, however, held that the complaint sets forth a cause of action- based on the publication of June 23, 1944, as well as one predicated upon the publication of May 12, 1944, and that the June 23d .publication does not republish the libel of May 12th by specific reference thereto. (See answers to first, second and'third certified questions, 296…

2Cases cited3 opinions

  1. Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
  2. New York Society for the Suppression of Vice v. Macfadden Publications, Inc.New York Supreme Court · 1929
  3. Barclay v. CulbertsonAppellate Division of the Supreme Court of the State of New York · 1934

3Cited by3 opinions

  1. Moriarty v. CurranDistrict Court, S.D. New York · 1956
  2. Foerster v. FlynnNew York Supreme Court · 1948
  3. Shenkman v. O'MalleyNew York Supreme Court · 1955

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