Billingsley v. Better Business Bureau of New York City, Inc.
This text of 231 A.D. 802 (Billingsley v. Better Business Bureau of New York City, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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231 A.D. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billingsley-v-better-business-bureau-of-new-york-city-inc-nyappdiv-1930.