DAYTON T. BROWN, INC. v. O'REILLY


20 Misc.2d 408 (1959)

Dayton T. Brown, Inc., Plaintiff, v. Bernard J. O'Reilly et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 22, 1959.


Attorney(s) appearing for the Case

Rubenstein & Rubenstein for defendants.

Jackson & Lewis for plaintiff.


FRED J. MUNDER, J.

In this action for libel against the defendant association the latter moves first to dismiss the complaint under subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that it fails to state facts sufficient to constitute a cause of action, in that it fails to specify that the defendant union actually participated in or authorized the alleged libelous acts. Secondly, the defendant moves to dismiss individually each cause...

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