VELELLA v. BENEDETTO


83 A.D.2d 465 (1981)

Guy J. Velella, Respondent, v. Michael R. Benedetto, Appellant

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

December 29, 1981


Attorney(s) appearing for the Case

Alexander A. Delle Cese for appellant.

Gary S. Basso of counsel (Abraham Friedman, deceased, by Velella, Velella & Basso, attorneys), for respondent.

CARRO and FEIN, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., and LUPIANO, J., dissent in separate opinions.


SANDLER, J.

In the closing days of an election campaign for the New York State Assembly, defendant, a candidate for the seat held by plaintiff (and still held by him), distributed a campaign flyer that gave rise to this libel action. A detailed description of the contents and appearance of the flyer is important to an understanding of the issues raised on this appeal from Special Term's denial of defendant's motion for summary judgment dismissing the...

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