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Maglio v. New York Herald Co.

83 A.D. 44, 82 N.Y.S. 509
Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1903·Published·Cited by 7 cases

Opinion

Per Curiam:

We agree with the learned counsel for the appellant that the alleged libel refers to the property of the plaintiffs and not to the plaintiffs individually, and that it is, therefore, necessary to allege special damage in order to maintain the action. We are of opinion, however, that there is a sufficient allegation of special damage in the statement that the plaintiffs’ hotel property has become depreciated in value by reason of the publication. This is enough to sustain the complaint.

Goodrich, P. J., Bartlett, Woodward, Hirschberg and PIooker, JJ., concurred.

Interlocutory judgment affirmed, with costs.

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Maglio v. New York Herald Co., 83 A.D. 44, 82 N.Y.S. 509 (N.Y. Ct. App. 1903).

83 A.D. 44 (Maglio v. New York Herald Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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