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McCARTNEY v. SCHIERENBECK

200 Misc. 549 (1951)

Olive McCartney, Plaintiff, v. Herman Schierenbeck, Defendant.

Supreme Court, Special Term, Queens County.

September 13, 1951.

Attorney(s) appearing for the Case

Ralph L. Bernstein for plaintiff.

Edward T. Welch for defendant.

COLDEN, J.

Motion by the plaintiff to dismiss the first affirmative defense alleged in the answer for legal insufficiency.

This is a libel action based upon allegations contained in the complaint of another action in which the defendant herein was plaintiff and the plaintiff herein one of several defendants. In the affirmative defense here challenged, the defendant pleads that the alleged libel was published...

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