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GILLIGAN v. KING

29 A.D.2d 935 (1968)

Thomas R. Gilligan, Respondent, v. Martin L. King, Jr., et al., Defendants, and William Epton, Appellant

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

April 25, 1968

Order entered October 27, 1965, denying motion of defendant-appellant William Epton to dismiss the complaint, sounding in libel, unanimously affirmed, without costs or disbursements, with leave to renew the motion, if defendant-appellant is so advised, after joinder of issue and the completion of pretrial disclosure procedures.

While a majority of the court are agreed that the rule announced in New York Times Co. v. Sullivan (376 U.S. 254

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