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MASON v. SULLIVAN

49 Misc.2d 338 (1966)

Jackie Mason, Plaintiff, v. Edward Sullivan et al., Defendants.

Supreme Court, Special Term, New York County.

February 14, 1966

Attorney(s) appearing for the Case

O'Dwyer & Bernstien (Paul O'Dwyer, W. Bernard Richland and Melvin H. Miller of counsel), for plaintiff. Coudert Brothers (Carleton G. Eldridge, Jr., and Gordon T. King of counsel), for defendants.

HARRY B. FRANK, J.

Defendants move for judgment dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 7; subd. [c]). This action is in libel and slander. It relates to an alleged nose-thumbing incident occurring on the October 18, 1964, telecast of the Ed Sullivan Show.

In a first cause asserted against the defendant Sullivan, it is alleged that on October 18, 1964, he stated publicly of the plaintiff that he "made obscene gestures"...

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