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BAVARIAN MOTOR v. MANCHESTER

61 Misc.2d 309 (1969)

Bavarian Motor Works Ltd. (B. M. W.), Also Known as Bayerische Motoren Werke A. G., Plaintiff, v. William Manchester et al., Defendants.

Supreme Court, Special Term, New York County.

November 17, 1969

Attorney(s) appearing for the Case

Coudert Brothers (Carleton G. Eldridge, Jr., and Gordon T. King of counsel), for defendants. Nicholas Ujlaki and Franklin E. Tretter for plaintiff.

ISIDORE DOLLINGER, J.

Defendants, Little, Brown & Company, and the Literary Guild of America, Inc., move for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the ground that it fails to state a cause of action. In this libel action, plaintiff corporation avers that the defendant publishers (movants herein) and the defendant author published false and libelous matter by asserting that the plaintiff went out of business...

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