FERNICOLA v. FARRAR, STRAUS & CUDAHY


27 Misc.2d 565 (1960)

Anthony J. Fernicola, Plaintiff, v. Farrar, Straus & Cudahy, Inc., et al., Defendants.

Supreme Court, Special Term, Oneida County.

December 5, 1960


Attorney(s) appearing for the Case

Whitman, Ransom & Coulson (Daniel F. Callahan of counsel), for Farrar, Straus & Cudahy, Inc., defendant. Hubbard, Felt & Fuller (Moses G. Hubbard of counsel), for plaintiff.


J. ROBERT LYNCH, J.

In this libel action, the defendant Farrar, Straus & Cudahy, Inc., moves for summary judgment. It has published a book entitled "Brotherhood of Evil: The Mafia". The defendant Sondern wrote it, but though named, has not been served with process.

The mafia has been defined in the book as a combine of interwoven families, generations old, with an "uncodified ideology" of organized...

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