Bachrach v. Farbenfabriken Bayer AG

Memorandum. The order of the Appellate Division should be affirmed, with costs. In this defamation action, after the completion of pretrial discovery, respondents moved for summary judgment on the ground that they did not authorize the publication of the advertisement about which plaintiff complains. The motion was supported by affidavits attesting to the fact that the publication was unauthorized and included an affidavit by the publisher, an independent foreign medical journal, averring that the advertisement complained of was printed erroneously and without the knowledge or approval of the…