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MILNER v. LONG ISLAND DAILY PRESS

10 A.D.2d 519 (1960)

Irving Milner, Respondent, v. Long Island Daily Press Publishing Co., Inc., Appellant

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

May 31, 1960.

Attorney(s) appearing for the Case

Edward H. Blau and Edmund S. Wartels for appellant.

Joel H. Weinberg, Julius November and Edwin Stephen Schweig for respondent.

NOLAN, P. J., BELDOCK, UGHETTA, CHRIST and PETTE, JJ., concur.

Per Curiam.

In this action to recover damages for libel the complaint alleges the publication in appellant's newspaper of a defamatory article concerning respondent. The answer, in addition to various denials, pleads two partial defenses.

Respondent served a notice that he would examine appellant before trial as an adverse party "with respect to the relevant and material allegations of fact put in issue by...

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