Maglio v. New York Herald Co.
This text of 83 A.D. 44 (Maglio v. New York Herald Co.) 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.
Opinion
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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83 A.D. 44, 82 N.Y.S. 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maglio-v-new-york-herald-co-nyappdiv-1903.