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CLEVENGER v. BAKER VOORHIS & CO.

10 A.D.2d 365 (1960)

Joseph R. Clevenger, Respondent, v. Baker Voorhis & Co., Appellant, et al., Defendant Joseph R. Clevenger, Respondent, v. Baker Voorhis & Co., Defendant, and Matthew Bender & Co., Appellant

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

April 26, 1960.

Attorney(s) appearing for the Case

Joseph Rasch for Baker Voorhis & Co., appellant.

Denis R. Sheil of counsel (John L. McCormick with him on the brief; Schmidt & McCormick, attorneys), for Matthew Bender & Co., appellant.

Joseph R. Clevenger, respondent in person.

McNALLY, and STEVENS, JJ., concur with M. M. FRANK, J.; BASTOW, J., dissents and votes to affirm in opinion in which RABIN, J. P. concurs.

M. M. FRANK, J.

The defendants separately appeal from Special Term orders denying their motions to dismiss the amended complaint for failure to allege a cause of action. The suit is to recover damages, not for violation of the Civil Rights Law (§ 51), but rather, as stated by the plaintiff, as a common-law action "for misrepresentation of editorship."

The complaint does not allege a libel, a breach...

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