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ASSN. FREEDOM OF CHOICE v. N. Y. POST CORP.

35 Misc.2d 65 (1962)

Association for the Preservation of Freedom of Choice, Inc., et al., Plaintiffs, v. New York Post Corporation, Defendant.

Supreme Court, Special Term, New York County.

May 3, 1962

Attorney(s) appearing for the Case

M. Marvin Berger for defendant. Alfred Avins for plaintiffs.

SAMUEL M. GOLD, J.

Defendant moves pursuant to rule 107 of the Rules of Civil Practice for dismissal of the complaint of the plaintiff Association for the Preservation of Freedom of Choice, Inc., upon the ground that the plaintiff has not legal capacity to sue, not being a person or party libelled by the publication, or, in the alternative, for summary judgment pursuant to rule 113. It is alleged that the claimed defamatory matter was published on May...

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