MATARAZZO v. DAILY GAZETTE CO.


276 A.D. 249 (1949)

Alexander Matarazzo, Appellant, v. Daily Gazette Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


Attorney(s) appearing for the Case

Harry G. Coplon for appellant.

William W. Wemple for respondent.

FOSTER, P. J., BREWSTER and BERGAN, JJ., concur; HEFFERNAN, J., dissents, and votes to affirm.


SANTRY, J.

This is an action for libel. The complaint specifies five separate causes of action. In each of the first four causes of action there is set out a single article concerning the plaintiff alleged to have been published in the defendant's newspaper. These four articles are alleged to have been published on different days during the months of October and November, 1947. In the fifth cause of action the...

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