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RINALDI v. VIKING PENGUIN

73 A.D.2d 43 (1980)

Dominic S. Rinaldi, Respondent, v. Viking Penguin, Inc., et al., Appellants

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

February 26, 1980

Attorney(s) appearing for the Case

Victor A. Kovner of counsel (Harriette K. Dorsen with him on the briefs; Lankenau Kovner & Bickford, attorneys), for Jack Newfield and another, appellants.

Martin Garbus of counsel (Arthur J. Ginsburg and Lois F. Wasoff with him on the briefs; Frankfurt, Garbus, Klein & Selz, attorneys), for Viking Penguin, Inc., appellant.

Irwin N. Wilpon of counsel (Hoberman, Sussman, Bloom & Reich, P. C., attorneys), for respondent.

KUPFERMAN, J. P., SULLIVAN, LUPIANO and BLOOM, JJ., concur.

SILVERMAN, J.

In this action for libel, defendants Viking Penguin, Inc., publisher of the alleged offending book, and Newfield and Du Brul, the authors, appeal from the denial of their motions for summary judgment dismissing the complaint.

The question on this appeal is whether there is a triable issue of fact as to (a) the defense of the Statute of Limitations and (b) a defense under the doctrine of ...

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