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SORGE v. PARADE PUBL'N

20 A.D.2d 338 (1964)

Santo Sorge, Appellant, v. Parade Publications, Inc., Respondent

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

February 27, 1964.

Attorney(s) appearing for the Case

James F. Murray, Jr., of counsel (Ernest P. Seelman and Michael J. Kenny with him on the brief), for appellant.

Edward N. Costikyan of counsel (William S. Wells with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondent.

RABIN, J. P., EAGER and STEUER, JJ., concur with STEVENS, J.; McNALLY, J., dissents and votes to affirm in opinion.

STEVENS, J.

This action for libel is based upon an article which appeared in the January 21, 1962 edition of defendant's weekly publication entitled "Parade". This weekly is sold nationally to various newspapers and appears as an insert in their Sunday editions. In excess of 11,000,000 copies were sold. Shipments of "Parade" began on or about January 3, 1962 and were 98% completed on or before January...

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