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CASTELLANA v. N. Y. HERALD TRIBUNE

44 Misc.2d 211 (1964)

Peter Castellana et al., Plaintiffs, v. New York Herald Tribune, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 23, 1964

Attorney(s) appearing for the Case

Feldshuh & Frank (Martin M. Frank and Mark E. Arroll of counsel), for plaintiffs. Brown, Cross & Hamilton (E. Douglas Hamilton of counsel), for defendants.

SAMUEL J. SILVERMAN, J.

This is a motion to dismiss the complaint. In this libel action, plaintiff Castellana, individually and as an officer of the corporate plaintiff, has refused to answer a substantial number of questions at the examination before trial, claiming his privilege against self incrimination. Defendants concede that the answers of the plaintiff to the questions propounded would incriminate him, but contend that pursuant to the case of...

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