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OLIAN v. RANDOM HOUSE

205 Misc. 878 (1954)

Michel Olian, Plaintiff, v. Random House, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 11, 1954.

Attorney(s) appearing for the Case

Dodge, Saltzman & Waxberg for plaintiff.

Joseph J. Stern and Bernard A. Feuerstein for Michael Stern, defendant.

Edward C. Wallace for Random House, Inc., defendant.

STEUER, J.

This is a motion by plaintiff to examine one of the defendants before trial. The action is for libel. Prior to 1952, examinations in libel actions were not favored (Welling v. Kugel, 215 App. Div. 770). In that year rule 121-a of the Rules of Civil Practice was promulgated and provided for such examination "in any action". This language was taken to mean that the exception to examination in...

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