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DeVORE v. TIME, INC.

73 Misc.2d 240 (1971)

Ophelia DeVore, Individually and as President of Ophelia DeVore Associates, Inc., et al., Plaintiffs, v. Time, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

July 23, 1971

Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Harold R. Medina, Jr., of counsel), for Time, Inc., defendant. Hall, McNicol, Marett & Hamilton for Betty Foray, defendant. Lynn & Spitz (Florynce Kennedy and Conrad J. Lyon of counsel), for plaintiffs.

CHARLES G. TIERNEY, J.

Defendant Time, Inc., moves pursuant to CPLR 3212 for an order directing summary judgment in its favor dismissing the complaint. Plaintiffs' complaint seeks compensatory and punitive damages in the sum of $3,500,000 because of an allegedly false and derogatory article published by defendant in the October 17, 1969 issue of Life Magazine.

The depositions submitted in support of this motion clearly reflect that the...

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