GELMAN v. DUN & BRADSTREET


35 Misc.2d 440 (1961)

Herman A. Gelman, Respondent, v. Dun & Bradstreet, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

November 9, 1961


Attorney(s) appearing for the Case

White & Case (Chester Bordeau of counsel), for appellant. Seymour Frank and N. Barry Ross for respondent.

Concur — HOFSTADTER, J. P., TILZER and GOLD, JJ.


Per Curium.

Assuming in the plaintiff's favor the matter in the mercantile report of which he complains to be libelous per se, he nevertheless may not maintain this action, for the defendant has shown that the report was compiled in the regular course of its business as a mercantile agency by competent persons and from sources believed to be reliable and was furnished only to subscribers to its services on their request and for their exclusive confidential...

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