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MARTIN v. WAGNER

30 Misc.2d 1074 (1961)

Martha L. Martin, Plaintiff, v. Natalie Wagner, Also Known as Natalie Wood, et al., Defendants.

Supreme Court, Special Term, New York County.

September 8, 1961

Attorney(s) appearing for the Case

Michael F. Dennis for plaintiff. Halperin, Morris, Granett & Cowan for Natalie Wagner and others, defendants. McCauley, Henry & Brennan (Charles Henry and Joseph C. Hagan of counsel), for Hearst Corp. — New York Mirror Division and others, defendants. Fitelson & Mayers for Elia Kazan and another, defendants. Joseph D. Karr for Warner Bros. Pictures, Inc., defendant.

FREDERICK BACKER, J.

Defendants the Hearst Corporation — New York Mirror Division, Glenn Neville, Charles B. McCabe and Frank Quinn move to dismiss the complaint under rule 106 of the Rules of Civil Practice, for legal insufficiency, on the face thereof. These defendants contend that the complaint fails to allege what special damage, if any, plaintiff has suffered, and, that the allegations of such special damage are essential whenever one claims...

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