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BRANDT v. WINCHELL

3 N.Y.2d 628 (1958)

Joseph L. Brandt, Appellant, v. Walter Winchell et al., Defendants, and Elmer H. Bobst, Respondent.

Court of Appeals of the State of New York.

Decided January 23, 1958.

Attorney(s) appearing for the Case

Gilbert H. Weil, Alfred T. Lee and Kenneth E. Bergin for appellant.

Clifton Cooper and E. Raymond Shepard for respondent.

Judges DESMOND, DYE, FROESSEL and BURKE concur; Judges FULD and VAN VOORHIS concur in result only.

Chief Judge CONWAY.

The present appeal is taken by the plaintiff from an Appellate Division judgment which (1) reversed an order of Special Term denying the motion of defendant Elmer H. Bobst to dismiss the amended complaint as insufficient in law as against said defendant, (2) granted the motion and (3) dismissed the amended complaint as against said defendant, without leave to replead.

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