Appellate Division of the Supreme Court of New York, 1947

Gayn v. New York World-Telegram Corp.

Gayn v. New York World-Telegram Corp.
Appellate Division of the Supreme Court of New York · Decided May 29, 1947
272 A.D.2d 812
Gayn v. New York World-Telegram Corp.

Opinion of the Court

Order, insofar as appealed from by the plaintiff, unanimously affirmed. The defense interposed by the defendants, If established, will present questions of fact for the jury to determine. Order, *813insofar as appealed from by the defendants, unanimously modified by rein-, stating the defense as a complete defense to the first, second and third causes, of action and, as so modified, affirmed, with $20 costs and disbursements to the defendants. Setttle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 1004.]

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