JULIAN v. AM. BUS. CONSULTANTS


2 N.Y.2d 1 (1956)

Joe Julian, Appellant, v. American Business Consultants, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Osmond K. Fraenkel and William J. Butler for appellant.

Ira M. Millstein, Edward C. Wallace, Charles B. McGroddy, Jr., and Milton Haselkorn for respondents.

CONWAY, Ch. J., DYE, FROESSEL and VAN VOORHIS, JJ., concur with BURKE, J.; FULD, J., dissents in an opinion in which DESMOND, J., concurs.


BURKE, J.

The complaint in this libel suit was dismissed at the close of the plaintiff's case, on the ground that plaintiff did not prove that libelous matter had been published of and concerning him. The Appellate Division unanimously affirmed. The appeal is before us by leave of this court.

Plaintiff contends there was a question of fact which should have been submitted to the jury concerning alleged defamatory...

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