Falco v. D'Agostino

Appellate Division of the Supreme Court of New York

Falco v. D'Agostino

42 A.D.2d 590, 344 N.Y.S.2d 808, 1973 N.Y. App. Div. LEXIS 4151

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

DecidedJune 18, 1973

StatusPublished

This text of 42 A.D.2d 590 (Falco v. D'Agostino) 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

Falco v. D'Agostino, 42 A.D.2d 590, 344 N.Y.S.2d 808, 1973 N.Y. App. Div. LEXIS 4151 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action to recover damages for libel, defendant appeals from an order o£ [591]*591the Supreme Court, Westchester County, dated June 19, 1972, which denied his motion for summary judgment. Order reversed, on the law, with $20 costs- and disbursements, and motion granted. In our opinion, under the circumstances of this case, plaintiff’s failure to include in his opposing affidavit any evidentiary facts to support the allegation of malice warranted dismissal of the complaint (Shapiro v. Health Ins. Plan of Greater N. I, 7 N Y 2d 56; Klein v. Prial, 32 A D 2d 925, affd. 28 IT Y 2d 506). Rabin, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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In an action to recover damages for libel, defendant appeals from an order o£ [591]*591the Supreme Court, Westchester County, dated June 19, 1972, which denied his motion for summary judgment. Order reversed, on the law, with $20 costs- and disbursements, and motion granted. In our opinion, under the circumstances of this case, plaintiff’s failure to include in his opposing affidavit any evidentiary facts to support the allegation of malice warranted dismissal of the complaint (Shapiro v. Health Ins. Plan of Greater N. I, 7 N Y 2d 56; Klein v. Prial, 32 A D 2d 925, affd. 28 IT Y 2d 506). Rabin, P. J., Hopkins, Martuscello, Shapiro and Christ, JJ., concur.

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Bluebook (online)

42 A.D.2d 590, 344 N.Y.S.2d 808, 1973 N.Y. App. Div. LEXIS 4151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falco-v-dagostino-nyappdiv-1973.