Billingsley v. Better Business Bureau of New York City, Inc.

Appellate Division of the Supreme Court of New York

Billingsley v. Better Business Bureau of New York City, Inc.

231 A.D. 802

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1930·Published·Cited by 2 cases

Opinion

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, the date for the examination to proceed to be fix-ed in the order. The fact that the action is in libel does not alter the right to defendant to examine before trial in aid of the affirmative defense set forth in the plea of truth and justification. (Lattimer v. Sun-Herald Corporation, 208 App. Div. 503; Niehoff v. Star Company, 134 id. 473.) Settle order on notice. Present'—Dowling, P. J., Merrell, Finch, McAvoy and Sherman, JJ.

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Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, the date for the examination to proceed to be fix-ed in the order. The fact that the action is in libel does not alter the right to defendant to examine before trial in aid of the affirmative defense set forth in the plea of truth and justification. (Lattimer v. Sun-Herald Corporation, 208 App. Div. 503; Niehoff v. Star Company, 134 id. 473.) Settle order on notice. Present'—Dowling, P. J., Merrell, Finch, McAvoy and Sherman, JJ.

Billingsley v. Better Business Bureau of New York City, Inc., 231 A.D. 802 (N.Y. Ct. App. 1930).

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Opinion

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