Arnold Bernhard & Co. v. Finance Publishing Corp.

Appellate Division of the Supreme Court of New York

Arnold Bernhard & Co. v. Finance Publishing Corp.

32 A.D.2d 516, 298 N.Y.S.2d 740, 1969 N.Y. App. Div. LEXIS 4258

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1969

StatusPublished

Cited by3 cases

This text of 32 A.D.2d 516 (Arnold Bernhard & Co. v. Finance Publishing Corp.) 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.

Bluebook

Arnold Bernhard & Co. v. Finance Publishing Corp., 32 A.D.2d 516, 298 N.Y.S.2d 740, 1969 N.Y. App. Div. LEXIS 4258 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered October 29, 1968, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and summary judgment granted to defendants dismissing the complaint. The subject article published in defendant’s magazine is not libelous per se; it imputes nothing evil to plaintiff, nor does it charge either negligence or incompetence, consisting, as it does, of the sardonic recital of what at worst might be considered a single instance of mistaken exercise of business judgment on plaintiff’s part, without any imputation of fraud, deceit or malpractice. Nothing pleaded justifies an inference of malice, nor are special damages alleged. In sum, the complaint does not allege a cause in libel by any applicable standard. Concur— Stevens, P. J., Eager, Capozzoli, Markewich and Steuer, JJ.

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Order entered October 29, 1968, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and summary judgment granted to defendants dismissing the complaint. The subject article published in defendant’s magazine is not libelous per se; it imputes nothing evil to plaintiff, nor does it charge either negligence or incompetence, consisting, as it does, of the sardonic recital of what at worst might be considered a single instance of mistaken exercise of business judgment on plaintiff’s part, without any imputation of fraud, deceit or malpractice. Nothing pleaded justifies an inference of malice, nor are special damages alleged. In sum, the complaint does not allege a cause in libel by any applicable standard. Concur— Stevens, P. J., Eager, Capozzoli, Markewich and Steuer, JJ.

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Bluebook (online)

32 A.D.2d 516, 298 N.Y.S.2d 740, 1969 N.Y. App. Div. LEXIS 4258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-bernhard-co-v-finance-publishing-corp-nyappdiv-1969.

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