Gaffney v. Kelly

Appellate Division of the Supreme Court of New York

Gaffney v. Kelly

175 A.D. 916

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

DecidedNovember 15, 1916

StatusPublished

This text of 175 A.D. 916 (Gaffney v. Kelly) 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

Gaffney v. Kelly, 175 A.D. 916 (N.Y. Ct. App. 1916).

Pincite

Opinion

Per Curiam:

The plaintiff having alleged the publication generally, the question which the defendants seek to present with respect to the [917]*917publication being privileged on account bf the letter having been addressed to the mayor, is not presented for decision by the record. It follows that the interlocutory judgment should be affirmed, with costs, with leave to the defendants to withdraw the demurrers and to answer on payment of costs in this'court and in the court below. Present — Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ. Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and answer on payment of costs.

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Per Curiam:

The plaintiff having alleged the publication generally, the question which the defendants seek to present with respect to the [917]*917publication being privileged on account bf the letter having been addressed to the mayor, is not presented for decision by the record. It follows that the interlocutory judgment should be affirmed, with costs, with leave to the defendants to withdraw the demurrers and to answer on payment of costs in this'court and in the court below. Present — Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ. Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and answer on payment of costs.

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Bluebook (online)

175 A.D. 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaffney-v-kelly-nyappdiv-1916.