YARMOVE v. RETAIL CREDIT CO.


18 A.D.2d 790 (1963)

Jack Yarmove, Respondent, v. Retail Credit Company, Appellant

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

January 22, 1963


Order, entered on November 2, 1962, granting plaintiff's motion in this action for libel to strike the second complete defense of justification, unanimously reversed, on the law and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion denied.

The greater part of the defense amounts to an assertion of truth of the exact libel pleaded. As to the remainder, while it is true that one defamatory charge may not be justified by proof...

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