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SELTZER v. FIELDS

20 A.D.2d 60 (1963)

Herbert M. Seltzer, Respondent, v. Lillian Fields et al., Appellants

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

December 12, 1963.

Attorney(s) appearing for the Case

Aaron Lipper of counsel (Richard B. Dannenberg with him on the brief; Lipper, Shinn, Keeley & Dannenberg, attorneys), for appellants.

Saul Sorkin for respondent.

BOTEIN, P. J., EAGER, STEUER and WITMER, JJ., concur.

BREITEL, J.

Defendants, alleged to have libelled plaintiff, appeal from an order denying their motion to dismiss the complaint for insufficiency, asserting that the matter is not libelous per se and that the publication, via complaint in a previous action, was absolutely privileged.

The order should be reversed and the motion to dismiss granted. The disposition, however, should be without prejudice to...

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