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BERKSON v. TIME, INC.

8 A.D.2d 352 (1959)

Eleanor L. Berkson, as Executrix of Seymour Berkson, Deceased, et al., Respondents, v. Time, Incorporated et al., Appellants

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

June 25, 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.

Charles Henry of counsel (McCauley, Henry & Brennan, attorneys), for respondents.

RABIN, J. P., VALENTE and McNALLY, JJ., concur; M. M. FRANK, J., dissents and votes to affirm.

BERGAN, J.

In this action for libel instituted by the publisher and corporate owner of a leading metropolitan newspaper, the New York Journal American, against the corporate owner and editor of a national news weekly, Time, the basic legal problem is whether the publication is libelous per se.

If, as the court at Special Term decided, the publication is libelous, subsidiary questions would arise as to whether the plaintiff corporation...

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