RUSSO v. ADVANCE PUBL'N, INC.


33 A.D.2d 1025 (1970)

Lucio F. Russo, Respondent, v. Advance Publications, Inc., et al., Appellants, et al., Defendant

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

February 2, 1970


Orders reversed insofar as appealed from, with $10 costs and disbursements, on the law, and motion for the above-mentioned relief granted.

Plaintiff is directed to serve an amended complaint, accordingly, within 20 days after service upon him of a copy of the order to be entered hereon, with notice of entry. The action is basically one for libel, despite the attempt to make it one for prima facie tort. A libel action may not be pleaded as prima facie tort or conspiracy...

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