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DAUER & FITTIPALDI v. 21ST CENT. COMM.

43 A.D.2d 178 (1973)

Dauer & Fittipaldi, Inc., Respondent, v. Twenty First Century Communications, Inc., et al., Appellants

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

December 4, 1973.

Attorney(s) appearing for the Case

Arnold Buffum Lovell of counsel (Gerald G. Paul with him on the brief; Botein, Hays, Sklar & Herzberg, attorneys), for appellants.

Louis G. Turen of counsel (George H. Turen with him on the brief; Turen & Turen, attorneys), for respondent.

MARKEWICH, MURPHY, LANE and STEUER, JJ., concur.

McGIVERN, J. P.

The action is for libel. The plaintiff corporation is the proprietor of a bar and grill located at 831 Sixth Avenue, Manhattan, known as the "Busy Bee". The defendants are the corporate owners, publishers, executives and employees of a magazine called National Lampoon. The magazine itself appears to be a somewhat unconventional, raffish, if not zany journal of intended humor, developed...

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