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NICHOLS v. ITEM PUBLISHERS

309 N.Y. 596 (1956)

John H. Nichols et al., Appellants, v. Item Publishers, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1956

Attorney(s) appearing for the Case

Melvel W. Snitow and Sydney Snitow for appellants.

Joseph Reeback and Richard Brill for respondent.

DESMOND, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; CONWAY, Ch. J., dissents in an opinion in which FROESSEL, J., concurs: DYE, J., taking no part.

FULD, J.

This appeal is concerned with the sufficiency of the complaint in a suit for libel. It alleges two causes of action, one on behalf of the Reverend John H. Nichols, assertedly pastor of the Mt. Zion Baptist Church of Port Chester, and a second on behalf of the church itself. Plaintiffs claim that both were defamed by a news item which appeared in the Daily Item, a Port Chester newspaper owned and...

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