HARRIGAN v. ST. HILAIRE


75 A.D.2d 698 (1980)

James Harrigan et al., Appellants, v. Yvon St. Hilaire, Respondent

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

April 24, 1980


This is a libel action which was commenced in May, 1976 and an answer was served in June, 1976. The case had been placed on the Trial Calendar when, in May, 1979, defendant moved to amend his answer to include the affirmative defenses of truth, executive privilege, qualified privilege, absolute privilege and peace officer's privilege. Defendant's motion was granted and this appeal ensued. Defendant maintains that the affirmative defense of truth was inadvertently omitted...

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