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DRUG RESEARCH CORP. v. CURTIS PUB. CO.

7 N.Y.2d 435 (1960)

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

Court of Appeals of the State of New York.

Decided March 24, 1960.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., and Stephen E. O'Neil for appellants.

Philip A. Friedman for respondent.

Judges FULD, BURKE and FOSTER concur with Judge DYE; Chief Judge DESMOND dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

DYE, J.

In this libel action the complaint alleges that defendant Ben Pearse wrote an article entitled "Don't Fall for the Mail Frauds", which appeared in the March 29, 1958 issue of the Saturday Evening Post, a magazine owned, published and circulated by defendant Curtis Publishing Company. The article contains the following statements which are complained of (Complaint, par. ELEVENTH):

"The hottest...

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