INDIG v. FINKELSTEIN


23 N.Y.2d 728 (1968)

Mickey Indig et al., Appellants, v. Abel Finkelstein et al., Respondents.

Court of Appeals of the State of New York.

Decided November 27, 1968.


Attorney(s) appearing for the Case

Moses H. Hoenig for appellants.

Donald L. Kuba for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

Defendants' motion for summary judgment is supported by affidavits, containing evidentiary facts, showing that the verbal altercation in which the alleged slanders were uttered did not take place in the presence of others. It was then mandatory upon plaintiffs to submit evidentiary facts or materials, by affidavit or otherwise, rebutting the prima facie showing of no publication and demonstrating the existence...

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