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ROGOW, INC. v. ALLY, INC.

29 A.D.2d 423 (1968)

Cole Fisher Rogow, Inc., Respondent, v. Carl Ally, Inc., et al., Appellants, et al., Defendants

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

March 26, 1968.

Attorney(s) appearing for the Case

Carleton G. Eldridge, Jr., of counsel (Stephen Sayre Singer with him on the brief; Coudert Brothers, attorneys), for Carl Ally, Inc., and others, appellants.

Ambrose Doskow of counsel (Peter F. Nadel with him on the brief; Rosenman Colin Kaye Petschek Freund & Emil, attorneys), for Richard L. Gilbert and others, appellants.

George Charak of counsel (Seymour B. Goldfeld with him on the brief; Goldfeld, Charak, Tolins & Lowenfels, attorneys), for respondent.

STEUER, CAPOZZOLI, RABIN and McNALLY, JJ., concur.

STEVENS, J. P.

Defendants appeal from an order entered June 28, 1967 which denied their motions to dismiss the first cause of action, and from so much of said order as dismissed the second cause of action without prejudice to the service of an amended complaint.

The complaint contains two causes of action, the first in libel against 52 signers of an advertisement, and the second in slander against 2 individual...

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