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TOOMEY v. FARLEY

2 N.Y.2d 71 (1956)

Anne K. Toomey et al., Respondents-Appellants, v. James J. Farley et al., Appellants-Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 19, 1956.

Attorney(s) appearing for the Case

Milton Pollack for James J. Farley and others, appellants-respondents.

Ralph M. Carson, S. Hazard Gillespie, Jr., Richard E. Bauman and Henry L. King for James G. Donovan, appellant-respondent.

Leonard Feldman, Frank J. Stella, William Ferris and Jerry Davidoff for Frank J. Stella and another, respondents-appellants.

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

CONWAY, Ch. J.

This is a libel action based on alleged defamatory statements contained in the "Yorkville Democrat", a political campaign document in the form and style of a tabloid newspaper, which was distributed in connection with a primary campaign for the Democratic leadership of the 8th Assembly District North, New York County.

The plaintiff Frank J. Stella was the opponent in that campaign of the...

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