GAMBUZZA v. TIME, INC.


18 A.D.2d 351 (1963)

Frank Gambuzza, Respondent, v. Time, Incorporated, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1963.


Attorney(s) appearing for the Case

Harold R. Medina, Jr., of counsel (Cravath, Swaine & Moore, attorneys), for appellant.

Irving A Logue of counsel (Seymour W. Miller with him on the brief; Miller & Seeger, attorneys), for respondent.

BOTEIN, P. J., and STEVENS, J., concur with RABIN, J.; McNALLY, J., dissents in opinion in which VALENTE, J., concurs.


RABIN, J.

In this libel action Special Term denied defendant's motion to dismiss the two causes of action of the complaint for insufficiency. The defendant appeals from the order of denial and we are called upon to determine whether such denial was proper. We conclude that it was not and that the motion should have been granted.

This action arises out of a picture article published in the defendant's...

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