CROUCH v. PUBLISHERS NEW PRESS


207 Misc. 253 (1955)

Paul Crouch, Plaintiff, v. Publishers New Press, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

February 15, 1955.


Attorney(s) appearing for the Case

Michael J. Kenny for plaintiff.

Harry Sacher for Publishers New Press, Inc., defendant.

Mary M. Kaufman and Robert Z. Lewis for Communist Party of the United States, defendant.


AURELIO, J.

Defendant Communist Party of the United States moves to dismiss the complaint for insufficiency and to strike out portions of paragraphs 2 and 3 of the complaint as scandalous, impertinent, and prejudicial. The contention is that plaintiff has failed to allege the claimed tortious act was authorized or ratified by the several members of the unincorporated association and therefore the action is not...

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