MILLER v. VILL. VOICE, INC.


79 A.D.2d 571 (1980)

George W. Miller, Appellant, v. Village Voice, Inc., et al., Respondents, et al., Defendants

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

December 18, 1980


Modified, on the law, to strike Item No. 5 in defendants-respondents' demand for a bill of particulars, and otherwise affirmed, without costs.

The items other than that which we strike relate to matters as to which plaintiff, a public official, bears the burden of proof in order to establish the prime ingredient of malice. Without the answers to these demands it will be almost impossible to know whether a case has been made out, the complaint being stated largely...

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