GEWURZ v. BERNSTEIN


107 Misc.2d 857 (1981)

Eric Gewurz et al., Plaintiffs, v. Louis B. Bernstein, Defendant.

Supreme Court, Special Term, New York County.

February 2, 1981


Attorney(s) appearing for the Case

Kreiker & Hollander for plaintiffs. Satterlee & Stephens for defendant.


RICHARD W. WALLACH, J.

This libel action between lawyers is a curious fallout of the "Pothole Law" (Administrative Code of City of New York, § 394a-1.0, subd d) recently enacted by the City of New York (City).

The key issue on this motion by defendant to dismiss the complaint for failing to state a cause of action is whether the publication is protected opinion or libel. As this action shows, opinion differed with respect to the new law....

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