J. Radley Metzger Co. v. New York Times Publishing Co.

In this libel action plaintiff moves pursuant to rules 90, 102 and 103 of the Rules of Civil Practice for various items of relief directed to the answer.

The branch of the motion under rule 90 to require a separate statement of the defenses of justification, fair comment and privilege of publication of a matter of public interest, allegedly *1038combined in the first affirmative defense, is obviously lacking in merit. Defendant has not attempted to plead the defense of justification in its answer. The first defense pleads only the recognized ‘ ‘ rolled up” plea of fair comment concerning a matter…