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GALLO ELEC. CORP. v. CONSUMERS UNION

47 Misc.2d 914 (1965)

Gallo Electronics Corporation, Plaintiff, v. Consumers Union of United States, Inc., Doing Business as Consumer Reports, Defendant.

Supreme Court, Westchester County.

February 26, 1965

Attorney(s) appearing for the Case

McCarthy & Nathanson (Daniel Cohen of counsel), for plaintiff. Karpatkin, Ohrenstein & Karpatkin (Marvin M. Karpatkin of counsel), for defendant.

JOHN P. DONOHOE, J.

The defendant herein moves for an order granting three forms of relief as follows: (1) dismissing the first and second causes of action alleged in the complaint, upon the grounds that such causes of action for libel, based on an article published in the April, 1963 issue of Consumer Reports were not commenced within the time limited by law, namely, within one year after the cause of action accrued, as required by CPLR 215 (subd. 3...

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