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TAYLOR v. PUTNAM'S SONS

41 Misc.2d 1003 (1964)

Edward Taylor, Plaintiff, v. G. P. Putnam's Sons et al., Defendants.

Supreme Court, Special Term, New York County.

January 30, 1964

Attorney(s) appearing for the Case

Burlingham, Underwood, Barron, Wright & White (Harrington Harlow and John S. Rogers of counsel), for plaintiff. De Witt, Nast & Diskin (William E. Flannery, John R. Fawcett and Thomas A. Diskin of counsel), for Fawcett Publications, Inc., defendant. Golenbock & Barell (Leonard W. Wagman of counsel), for G. P. Putnam's Sons, defendant.

VINCENT A. LUPIANO, J.

Each of the defendants moves by separate motion for an order pursuant to rule 3211 (subd. [a], par. 5) of the Civil Practice Law and Rules dismissing the complaint upon the ground that maintenance of the action is barred by limitation and prior adjudication. The instant action was commenced on October 8, 1963. The libel, subject of this action, was also the subject of a prior action...

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