SHENKMAN v. O'MALLEY


2 A.D.2d 567 (1956)

Samuel Shenkman, Respondent, v. Walter F. O'Malley, Appellant

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

November 27, 1956.


Attorney(s) appearing for the Case

J. Howard Carter of counsel (James W. Rodgers and Andrew L. Hughes with him on the brief; Townley, Updike, Carter & Rodgers, attorneys), for appellant.

Boris Marcus of counsel (Benjamin Schenkman with him on the brief; Marcus & Schenkman, attorneys), for respondent.

PECK, P. J., COX, FRANK and BERGAN, JJ., concur.


BREITEL, J.

In this action for slander, on motion, three complete defenses and two partial defenses, interposed in the amended answer, have been attacked on the ground of legal insufficiency. Defendant appeals, and urges reinstatement of each of the defenses.

It is concluded that the partial defenses are legally sufficient and should be sustained, for they tend to negate malice and are, therefore, admissible...

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