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MULLEN v. HERRSCHAFT

9 Misc.2d 462 (1957)

Kathleen Mullen, Plaintiff, v. Edward M. Herrschaft, Defendant.

Supreme Court, Kings County.

December 13, 1957.

Attorney(s) appearing for the Case

Jack Solomon for defendant.

William A. Egan, Jr., for plaintiff.

BENJAMIN BRENNER, J.

In an action for libel defendant moves pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The writing alleged to be libelous is as follows: "Canarsie Woman's Car In Hit-Run Accident Howard Dubowsky 13 * * * claimed a head injury when he was struck by a hit and run auto bearing...

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