PICCINI v. MYERS


9 Misc.2d 169 (1957)

Thomas N. Piccini, Plaintiff, v. John Myers, Defendant.

Supreme Court, Special Term, New York County.

November 26, 1957.


Attorney(s) appearing for the Case

Frank Delaney and Hugo S. Wend for plaintiff.

William G. Mulligan, Louis Goldstein and Jacob Gerstein for defendant.


SAUL S. STREIT, J.

This is a motion to dismiss two causes of action in libel.

The first cause is based on a statement, in an affidavit by defendant, that plaintiff was an ex-convict, accompanied by a photograph of plaintiff with numbers across his shoulder. Although there is no allegation in the present pleading that the affidavit was filed in a judicial proceeding, the brief submitted by plaintiff indicates...

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