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RINALDI v. VIKING PENGUIN

101 Misc.2d 928 (1979)

Dominic S. Rinaldi, Plaintiff, v. Viking Penguin, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 25, 1979.

Attorney(s) appearing for the Case

Botein, Hays, Sklar & Herzberg (W. Bernard Richland, Harry I. Rand and David S. Weiss of counsel), for Viking Penguin, Inc., defendant. Lankenau, Kovner & Bickford (Victor A. Kovner of counsel), for Jack Newfield and another, defendants. Hoberman, Sussman, Bloom & Reich, P. C. (Irwin N. Wilpon of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUE

Does the publication of a paperback edition of a book after notice that the original hard-cover edition contained allegedly libelous material constitute a new and separate act of defamation? The resolution of this issue, for which there appears to be no reported authority, is crucial to the determination of two aspects of this case:

(1) was the action timely under...

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