Lichter v. Zolotorofe

Appellate Division of the Supreme Court of New York

Lichter v. Zolotorofe

15 A.D.2d 552, 222 N.Y.S.2d 864, 1961 N.Y. App. Div. LEXIS 6963

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

DecidedDecember 20, 1961

StatusPublished

Cited by1 cases

This text of 15 A.D.2d 552 (Lichter v. Zolotorofe) 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

Lichter v. Zolotorofe, 15 A.D.2d 552, 222 N.Y.S.2d 864, 1961 N.Y. App. Div. LEXIS 6963 (N.Y. Ct. App. 1961).

Pincite

Opinion

The present complaint does not contain any factual allegations showing that the statements complained of were irrelevant. In a ease such as this where the alleged defamatory words were published in the course of a judicial proceeding, such factual allegations are essential (Zefferer v. Campbell, 3 A D 2d 856; cf. Chapman v. Dick, 197 App. Div. 551, 553). Although the fact that the alleged libelous statements were published in the course of a judicial proceeding is not clearly alleged in the complaint, both plaintiff and defendants have construed the pleading as so alleging; and we accent their construction of it for [553]*553the purposes of this appeal. Nolan, P. J., Beldoek, Ughetta, Pette and Brennan, JJ., concur.

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The present complaint does not contain any factual allegations showing that the statements complained of were irrelevant. In a ease such as this where the alleged defamatory words were published in the course of a judicial proceeding, such factual allegations are essential (Zefferer v. Campbell, 3 A D 2d 856; cf. Chapman v. Dick, 197 App. Div. 551, 553). Although the fact that the alleged libelous statements were published in the course of a judicial proceeding is not clearly alleged in the complaint, both plaintiff and defendants have construed the pleading as so alleging; and we accent their construction of it for [553]*553the purposes of this appeal. Nolan, P. J., Beldoek, Ughetta, Pette and Brennan, JJ., concur.

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Bluebook (online)

15 A.D.2d 552, 222 N.Y.S.2d 864, 1961 N.Y. App. Div. LEXIS 6963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lichter-v-zolotorofe-nyappdiv-1961.

Opinion

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