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MITCHELL v. HERALD CO.

137 A.D.2d 213 (1988)

Stephen L. Mitchell, Respondent-Appellant, v. Herald Company, as Publisher of The Syracuse Herald Journal, Appellant-Respondent

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

May 27, 1988

Attorney(s) appearing for the Case

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for appellant-respondent.

Scott D. Rodman for respondent-appellant.

PINE, BALIO and DAVIS, JJ., concur with DENMAN, J. P.; GREEN, J., taking no part.

DENMAN, J. P.

In this libel action defendant, the Herald Company, was granted summary judgment dismissing the complaint. It asks that we modify the order to impose sanctions, including costs and attorney's fees, on plaintiff and his attorney for instituting and pursuing a frivolous claim (CPLR 8303-a). We find that the libel claim stated herein is lacking in merit and, because plaintiff and his attorney knew...

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