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DAILEY v. SMILEY

65 A.D.2d 915 (1978)

Carleton Dailey, Appellant, v. Dale Smiley, Defendant, and Marcus Dennison et al., Respondents

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

November 3, 1978

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: All of the causes of action alleged in the complaint before us have a one-year Statute of Limitations (CPLR 215) and this case presents no grounds for a toll. The libel cause of action accrued on the date the defamatory words were published (Toomey v Farley, 2 N.Y.2d 71, 79), sometime in November, 1969 in the case of...

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