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DRUG RESEARCH CORP. v. CURTIS PUB. CO.

7 A.D.2d 285 (1959)

Drug Research Corporation, Respondent, v. Curtis Publishing Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 1959.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., of counsel (Stephen E. O'Neil with him on the brief; Cravath, Swaine & Moore, attorneys), for appellants.

Philip A. Friedman of counsel (Alfange & Friedman, attorneys), for respondent.

BOTEIN, P. J., BREITEL and M. M. FRANK, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion in which VALENTE, J., concurs.

Per Curiam.

This is an appeal from an order denying a motion to dismiss the complaint for insufficiency. The action is one for libel, in which no special damages are pleaded. We are, of course, not now concerned with questions of proof to sustain the allegations of the complaint.

Simply stated, the problem presented is whether a publication that defames a product and charges fraud and deceit upon the public...

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