Jenkins v. Powell Savory Corp.

Appellate Division of the Supreme Court of New York

Jenkins v. Powell Savory Corp.

13 A.D.2d 739, 214 N.Y.S.2d 817, 1961 N.Y. App. Div. LEXIS 10940

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

DecidedMay 11, 1961

StatusPublished

This text of 13 A.D.2d 739 (Jenkins v. Powell Savory 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

Jenkins v. Powell Savory Corp., 13 A.D.2d 739, 214 N.Y.S.2d 817, 1961 N.Y. App. Div. LEXIS 10940 (N.Y. Ct. App. 1961).

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Opinion

Order entered on August 10,1960, denying defendants’ motion to dismiss the complaint for libel on ground of legal insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, the motion granted, with $30 costs, but with leave to plaintiffs to serve an amended complaint. Accepting the purport of respondents’ brief that in fact an arrangement petition was filed, the complaint is construed to allege actionable defamation solely on the ground that the arrangement proceeding was misdescribed as a bankruptcy. That is not enough because such allegation would amount to no more than the truth. If the plaintiffs have more than that to allege by way of defamation, they may do so by service of an amended pleading. Furthermore, the individual plaintiff would not have a cause of action upon the publication except upon a proper pleading of special damages. Concur—Botein, P. J., Breitel, McNally, Eager and Bastow, JJ. [25 Misc 2d 66.]

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Order entered on August 10,1960, denying defendants’ motion to dismiss the complaint for libel on ground of legal insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, the motion granted, with $30 costs, but with leave to plaintiffs to serve an amended complaint. Accepting the purport of respondents’ brief that in fact an arrangement petition was filed, the complaint is construed to allege actionable defamation solely on the ground that the arrangement proceeding was misdescribed as a bankruptcy. That is not enough because such allegation would amount to no more than the truth. If the plaintiffs have more than that to allege by way of defamation, they may do so by service of an amended pleading. Furthermore, the individual plaintiff would not have a cause of action upon the publication except upon a proper pleading of special damages. Concur—Botein, P. J., Breitel, McNally, Eager and Bastow, JJ. [25 Misc 2d 66.]

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Bluebook (online)

13 A.D.2d 739, 214 N.Y.S.2d 817, 1961 N.Y. App. Div. LEXIS 10940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-powell-savory-corp-nyappdiv-1961.

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