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GILLIGAN v. FARMER

30 A.D.2d 26 (1968)

Thomas R. Gilligan, Respondent, v. James Farmer et al., Appellants, et al., Defendants

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

April 25, 1968.

Attorney(s) appearing for the Case

Bradley R. Brewer of counsel (Denison Ray and Stephen Nagler with him on the brief; Bradley R. Brewer, Eugene G. Eisner and Carl A. Rachlin, attorneys), for appellants.

Lewis S. Sandler of counsel (Saxe, Bacon & Bolan, attorneys), for respondent.

BOTEIN, P. J., EAGER, CAPOZZOLI and McGIVERN, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion.

Per Curiam.

In this appeal from an order denying a motion to dismiss a complaint sounding in libel, we agree with the dissenting Justice that there is nothing in plaintiff's affidavit tending to connect the individual defendant Farmer with the alleged defamation. While a majority of the court is of the opinion that the rule announced in New York Times Co. v. Sullivan (376 U.S. 254

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