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TOKER v. POLLAK

56 A.D.2d 153 (1977)

Alfred Toker, Respondent, v. Harry R. Pollak, Respondent, and Henry J. Stern, Appellant

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

February 17, 1977

Attorney(s) appearing for the Case

Allen G. Schwartz of counsel (Dale A. Schreiber with him on the brief; Schwartz, Halperin & Schreiber, P. C., attorneys), for appellant.

Murray L. Lewis of counsel (Darell Buchbinder, attorney), for Alfred Toker, respondent.

Edward Agnew McDonald of counsel (Peter L. Zimroth with him on the brief), for Robert M. Morgenthau, District Attorney, amicus curiae.

L. Kevin Sheridan of counsel (Thomas H. Roche with him on the brief), for W. Bernard Richland, Corporation Counsel, amicus curiae.

Stuart A. Summit of counsel (Miller & Summit, attorneys), for the Mayor's Committee on the Judiciary, amicus curiae.

STEVENS, P. J., and KUPFERMAN, J., concur; MURPHY and NUNEZ, JJ., dissent and would affirm on opinion of KORN, J.

SILVERMAN, J.

In this action for libel and slander, plaintiff alleges that defendants' published statements and reports concerning plaintiff constituted a direct accusation of a criminal act and a nonprofessional act by plaintiff, an Assistant Corporation Counsel of the City of New York. Defendant Stern, now a Councilman of the City of New York, moved for summary judgment dismissing the complaint. Special Term...

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