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SIMONSEN v. MALONE EVENING TELEGRAM

98 A.D.2d 905 (1983)

Robert Simonsen, Appellant, v. Malone Evening Telegram, Respondent

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

December 22, 1983

This libel action was previously before this court when plaintiff appealed from the denial of his motion for partial summary judgment on the issue of liability and we affirmed (Simonsen v Malone Evening Tel., 87 A.D.2d 710). The basic facts are set forth therein (id.). Thereafter, the case proceeded to trial and, at the conclusion of plaintiff's case, defendant moved for a nonsuit and dismissal of plaintiff's complaint upon...

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