Appellate Division of the Supreme Court of New York, 1970

Merrick v. News Syndicate Co.

Merrick v. News Syndicate Co.
Appellate Division of the Supreme Court of New York · Decided April 16, 1970
34 A.D.2d 633; 309 N.Y.S.2d 1017; 1970 N.Y. App. Div. LEXIS 5099
Merrick v. News Syndicate Co.

Opinion of the Court

— Order entered September 25, 1969, denying defendant’s motion to dismiss the complaint, unanimously reversed on the law, the motion granted, and the complaint dismissed, with $50 costs and disbursements to appellant. The cartoon claimed to be libelous is not, not even when explained in the strained manner plaintiff has employed, and defendant’s demurrer should have been sustained. Concur — Stevens, P. J., Eager, Capozzoli and Markewich, JJ.

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