
    McLAUGHLIN v. CURTIS PUB. CO. et al.
    District Court, S. D. New York.
    Aug. 4, 1943.
    Howard A. Newman, of New York City, for plaintiff.
    CravatH, Swaine & Moore, of New York City, for defendant.
   BRIGHT, District Judge.

The second defense, consisting as it does of denials and admissions, is not a defense. Denials never were and are not now defenses. The third defense of fair comment attempts to allege facts which as fair comment may or may not justify the statements in the criticized article of which plaintiff complains. Whether the proof will be sufficient for that purpose is reserved for the trial. There is enough alleged in my opinion to present the question. The same may be said of the fourth defense of justification, incorporating as it does most of the allegations of the third defense. Personally, I cannot see how the additional matter pleaded in paragraphs 42 to 44 inclusive, is proper, but whether admissible is also a question for the trial court.  