THOMPSON MED. CO. v. BERNSTEIN, INC.


34 Misc.2d 376 (1962)

Thompson Medical Company, Inc., Plaintiff, v. Bernstein & Milligan, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 26, 1962


Attorney(s) appearing for the Case

Davis, Gilbert, Levine & Schwartz (Patricia Hatry of counsel), for plaintiff. Hinman, Howard & Kattell (Colin T. Naylor, III, of counsel), for Bernstein & Milligan, Inc., and another, defendants.


SAMUEL M. GOLD, J.

Motion to strike various of the affirmative defenses in this libel action for legal insufficiency is denied. As to the defense of justification, the defendants are not required to accept plaintiff's interpretation of the matter set forth in the article in issue, that plaintiff was being accused of fraud, deceit, quackery and hokum. In fact, the sole specific reference to plaintiff in the lengthy...

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