Opinion
Argued March 12, 1942
Decided April 23, 1942
Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.
John Schulman, Alan S. Hays and Milton Sargoy for appellant.
Stuart N. Updike, J. Howard Carter and Weymouth D. Symmes for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, on the ground that the refusal to receive evidence of the general loss of plaintiff's business resulting from the publication of the libels was error. (See Sanderson v. Caldwell, 45 N.Y. 398, 405, 406; Bergmann v. Jones, 94 N.Y. 51. ) No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.