SCHWARTZ v. TIME, INC.


71 Misc.2d 769 (1972)

Martin (Red) Schwartz, Plaintiff, v. Time, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

March 1, 1972


Attorney(s) appearing for the Case

Brower, Brill & Gangel (John L. Pollok of counsel), for plaintiff. Cravath, Swaine & Moore (Harold R. Medina of counsel), for Time, Inc., defendant. Lord, Day & Lord (John Koshel, Jr., of counsel), for New York Times, defendant. Reid & Priest (C. F. Schirmeister and H. M. Blum of counsel), for Sandy Smith, defendant.


GERALD P. CULKIN, J.

This is an action for libel. Plaintiff seeks $1,000,000 damages by reason of an article appearing in Life magazine. Defendant Time, Inc. and defendant Sandy Smith, in companion motions, move for summary judgment pursuant to CPLR 3212. Plaintiff Martin "Red" Schwartz makes a cross motion for an order pursuant to CPLR 3124 compelling defendant Sandy Smith to answer certain questions...

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