DE MARIA v. JOSEPHS


41 A.D.2d 655 (1973)

Alfred T. De Maria, Appellant, v. Ira M. Josephs, Respondent

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

February 13, 1973


Order reversed insofar as appealed from, with $20 costs and disbursements, and defendant's motion to dismiss the complaint denied as to the second cause of action.

Defendant's time to serve an amended answer is extended until 20 days after entry of the order to be made hereon. It was error to dismiss the second cause of action on the ground that the allegedly libelous writing did not refer to plaintiff or to anyone in particular. Since it is unnecessary for the maintenance...

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