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CHIAPPINELLI-MARX v. PACITTO

46 Misc.2d 611 (1965)

Chiappinelli-Marx, Inc., Plaintiff, v. Joseph R. Pacitto, Defendant.

Supreme Court, Special Term, Westchester County.

May 19, 1965

Attorney(s) appearing for the Case

Thomas J. Singleton for defendant. Behrman & Real (Jerome J. Goldstein of counsel), for plaintiff.

LEONARD J. SUPPLE, J.

Defendant moves for summary judgment in a libel action. The sufficiency of the complaint in law has been tested on motion at Special Term and found sufficient. The Appellate Division affirmed (20 A.D.2d 759). The allegations of the complaint were summarized by Mr. Justice HOYT at Special Term in the following language:

"Plaintiff corporation is engaged in the construction business. Defendant is executive director of urban...

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