The action is for libel. Plaintiff operates a duly licensed retail liquor store in Troy, New York. The complaint alleges in general that the defendant corporation and an individual falsely caused plaintiff's name to be published in a "delinquent list" distributed by the New York State Liquor Authority. On this motion, defendant-appellant produced documentary evidence showing that it had not been licensed as a liquor dealer in New York State since July 1, 1942, and tending...
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