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FAULK v. MILTON

25 A.D.2d 314 (1966)

John H. Faulk, Respondent, v. Paul R. Milton et al., Appellants, et al., Defendants

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

April 21, 1966.

Attorney(s) appearing for the Case

Frank H. Gordon of counsel (Littauer, Gordon, Ullman & Riseman, attorneys), for Paul R. Milton and others, appellants.

Kalman I. Nulman of counsel (Anthony J. Shovelski, attorney), for Godfrey P. Schmidt, appellant.

George Berger of counsel (Paul Martinson with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for respondent.

BOTEIN, P. J., STEVENS, EAGER and WITMER, JJ., concur.

McNALLY, J.

In an action under section 46 of the Membership Corporations Law, there are involved the questions of the sufficiency of the complaint and the timeliness of the action. On July 16, 1962, in an action for libel, judgment was entered in favor of the plaintiff against Aware, Inc. and defendant Vincent W. Hartnett. The judgment was modified to the extent of reducing the compensatory damages to $400,000...

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