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MARTIN v. ORANGE COUNTY PUBL'N, INC.

25 A.D.2d 471 (1966)

James Martin et al., Respondents, v. Orange County Publications, Inc., Appellant

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

January 13, 1966

HERLIHY, J.

The defendant, owner of a newspaper, published an article that the plaintiffs had been arrested as the result of an altercation at a Monticello bar. In a comprehensive decision (49 Misc.2d 84) Mr. Justice BOOKSTEIN at Special Term found that from an examination of the affidavits there was a triable issue of fact as to whether the plaintiffs had been arrested and, as to the alleged arrest, the published...

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