BACHRACH v. FARBENFABRIKEN BAYER AG


36 N.Y.2d 696 (1975)

William H. Bachrach, Appellant, v. Farbenfabriken Bayer AG et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 19, 1975.


Attorney(s) appearing for the Case

Theodore H. Friedman and David G. Miller for appellant.

Frederick A. O. Schwarz, Allen F. Maulsby, Robert D. Joffe and Robert J. Dwyer for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. In this defamation action, after the completion of pretrial discovery, respondents moved for summary judgment on the ground that they did not authorize the publication of the advertisement about which plaintiff complains. The motion was supported by affidavits attesting to the fact that the publication was unauthorized and included an affidavit...

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