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WIENER v. LONG ISLAND DAILY PRESS PUBL'G CO., INC.

286 A.D. 1108 (1955)

Jesse L. Wiener, Appellant, v. Long Island Daily Press Publishing Co., Inc., Respondent

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

November 21, 1955.

As so modified, order affirmed, without costs; examination to proceed on five days' notice.

Prior to the adoption of rule 121-a of the Rules of Civil Practice, this court permitted examinations before trial of defendants in libel actions (Groff v. Daily Review Corp., 248 App. Div. 773), but limited such examination to matters concerning which plaintiff had the burden of proof (McDougall v. News Syndicate Co., 275 App. Div. 1052). It is unnecessary on...

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