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DE SAPIO v. KOHLMEYER

43 A.D.2d 76 (1973)

James De Sapio, Respondent, v. Herman S. Kohlmeyer, Sr., et al., Appellants

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

November 29, 1973.

Attorney(s) appearing for the Case

John Condon Young of counsel (Smith, Griffin & Young, attorneys), for appellants.

Bernard Meyerson of counsel (Harry Evans, attorney), for respondent.

NUNEZ and MURPHY, JJ., concur with STEVENS, P. J.; McGIVERN, J., dissents in an opinion, in which CAPOZZOLI, J., concurs.

STEVENS, P. J.

This is an action to recover compensatory and punitive damages for alleged defamation. In November, 1970 plaintiff was hired as a block trader by defendant Kohlmeyer, a member of the New York and American Stock Exchanges. He was dismissed on or about April 16, 1971 allegedly because certain legal judgments existed against him.

At the time of his employment by Kohlmeyer, plaintiff executed...

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