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SCHWARTZ v. ANDREWS

50 A.D.2d 1057 (1975)

Joseph Schwartz et al., Appellants, v. William Andrews, Respondent. (Appeal No. 1.)

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

December 5, 1975

Order and judgment unanimously affirmed, with costs.

Memorandum:

Since the complaint fails to set forth the particular words of defendant Andrews alleged to be libelous, it should be dismissed (CPLR 3016, subd [a]; Randaccio v Retail Credit Co., 43 A.D.2d 798). The complaint is additionally defective for failing to set forth the time, manner and persons to whom the libelous publication was made (Seltzer v Fields...

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