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STEVENSON v. NEWS SYNDICATE CO.

302 N.Y. 81 (1950)

Robert R. Stevenson, Appellant and Respondent, v. News Syndicate Co., Inc., Respondent and Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1950

Attorney(s) appearing for the Case

George G. Hunter, Jr., James T. Gallagher and Robert S. Carroll for plaintiff, appellant-respondent.

Stuart N. Updike, James W. Rodgers, Philip T. Seymour, Andrew L. Hughes and John R. Schoemer, Jr., for defendant, respondent-appellant.

Elisha Hanson, Stanley D. Brown and E. Douglas Hamilton for American Newspaper Publishers Association, amicus curiæ, in support of defendant's position.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

The action is for libel. For the sake of clarity, the plaintiff will be called by his surname — Stevenson. On April 6, 1948, his wife brought against him in the Supreme Court in New York County an action for a separation. Issue was joined therein but no pleading or note of issue was filed at any time.

In that separation action, however, Stevenson...

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