HARRISON v. WINCHELL


207 Misc. 275 (1955)

Eva Harrison, as Executrix of Charles Y. Harrison, Deceased, Plaintiff, v. Walter Winchell et al., Defendants.

Supreme Court, Special Term, New York County.

January 5, 1955.


Attorney(s) appearing for the Case

Benjamin Aslan for plaintiff.

Charles Henry and Harvey L. Lipton for defendants.


MATTHEW M. LEVY, J.

The defendants move after answer for judgment dismissing the complaint (Rules Civ. Prac., rule 112). The action is for libel. It appears that the original plaintiff died subsequent to the commencement of the action, and that suit is being proceeded with by his executrix. For purposes of convenience, I shall hereafter refer to the plaintiff as if there had been no change of parties.

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