CAVE v. FOLEY


234 A.D.2d 410 (1996)

651 N.Y.S.2d 897

William O. Cave, Appellant, v. Margie A. Foley, Respondent

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

December 16, 1996


Ordered that the judgment is affirmed, with costs.

In this case, the defendant, Margie Ann Foley, counterclaimed for damages for libel based upon four letters that the plaintiff, William O. Cave, sent to various individuals. In those letters, Cave claimed that Foley, in her capacity as caregiver and housekeeper for an elderly gentleman, Frederick Schilling, had duped Schilling and stolen some of his money. Cave did not appear at trial and did not present a case-in...

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