CURRAN v. PEGLER


17 Misc.2d 345 (1959)

Joseph Curran, Plaintiff, v. Westbrook Pegler, Defendant.

Supreme Court, Special Term, New York County.

March 13, 1959.


Attorney(s) appearing for the Case

Cooper, Ostrin & De Varco (Herman E. Cooper and Eugene N. Sosnoff of counsel), for plaintiff.

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


ARON STEUER, J.

The motion is to vacate a notice of examination in a libel case. The notice is in the general form as to all matters in issue. There are few points of practice on which there is a greater wealth of authority than this is not permissible in an action in defamation. Plaintiff does not currently contest this. He asks to have decision held in abeyance while a cross motion is decided. The motion is stated to be on the pleadings. Plaintiff seeks...

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