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METZGER CO. v. NEW YORK TIMES PUB. CO.

15 Misc.2d 1037 (1958)

J. Radley Metzger Co., Inc. et al., Plaintiffs, v. New York Times Publishing Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

November 12, 1958.

Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole (Samuel Gottlieb, Harry Giesow and David T. Goldstick of counsel), for plaintiffs.

Lord, Day & Lord (Thomas F. Daly of counsel), for defendant.

HENRY CLAY GREENBERG, J.

In this libel action plaintiff moves pursuant to rules 90, 102 and 103 of the Rules of Civil Practice for various items of relief directed to the answer.

The branch of the motion under rule 90 to require a separate statement of the defenses of justification, fair comment and privilege of publication of a matter of public interest, allegedly combined in the first affirmative...

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