Dodge v. Niagara Falls Gazette Publishing Co.

Appellate Division of the Supreme Court of New York

Dodge v. Niagara Falls Gazette Publishing Co.

251 A.D. 787, 296 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 7521

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

DecidedMay 12, 1937

StatusPublished

This text of 251 A.D. 787 (Dodge v. Niagara Falls Gazette Publishing Co.) 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

Dodge v. Niagara Falls Gazette Publishing Co., 251 A.D. 787, 296 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 7521 (N.Y. Ct. App. 1937).

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Opinion

Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Memorandum: We do not think that the words complained of are, so far as the plaintiff is concerned, reasonably capable of the construction which she seeks to place upon them. They are not libelous per se, and, as no special damages are alleged, no cause of action is set up in the complaint. All concur. (The order denies defendant’s motion to dismiss the complaint in an action for libel.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, JJ.

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Order reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Memorandum: We do not think that the words complained of are, so far as the plaintiff is concerned, reasonably capable of the construction which she seeks to place upon them. They are not libelous per se, and, as no special damages are alleged, no cause of action is set up in the complaint. All concur. (The order denies defendant’s motion to dismiss the complaint in an action for libel.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, JJ.

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Bluebook (online)

251 A.D. 787, 296 N.Y.S. 611, 1937 N.Y. App. Div. LEXIS 7521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodge-v-niagara-falls-gazette-publishing-co-nyappdiv-1937.