Appellate Division of the Supreme Court of New York, 1964

Mollis v. Brooklyn Weekly & Brooklyn Daily Corp.

Mollis v. Brooklyn Weekly & Brooklyn Daily Corp.
Appellate Division of the Supreme Court of New York · Decided November 16, 1964
22 A.D.2d 812; 254 N.Y.S.2d 1003; 1964 N.Y. App. Div. LEXIS 2802
Mollis v. Brooklyn Weekly & Brooklyn Daily Corp.

Opinion of the Court

In an action to recover damages for libel, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated June 7, 1963, as denied his motion to strike out as insufficient the three defenses pleaded 'in defendant’s answer. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. Under the liberal practice as to pleadings now in effect (Grant Co. v. Uneeda Doll Co., 19 A D 2d 361, 363; Roberts v. Grandview Dairy, 20 A D 2d 574; Foley v. D’Agostino, 21 A D 2d 60), the defenses should not be struck out (cf. Civil Rights Law, § 78; Seelman, Law of libel and Slander, par. 172; Fleckenstein v. Friedman, 266 N. Y. 19, 23; Cafferty v. Southern Tier Pub. Co., 226 N. Y. 87, 93; Paige v. Westchester County Publishers, 9 A D 2d 772; Crane v. New York World Tel. Corp., 308 N. Y. 470). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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