Martin v. Orange County Publications, Inc.

Appellate Division of the Supreme Court of New York

Martin v. Orange County Publications, Inc.

25 A.D.2d 471, 266 N.Y.S.2d 348, 1966 N.Y. App. Div. LEXIS 5195

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

DecidedJanuary 13, 1966

StatusPublished

Cited by2 cases

This text of 25 A.D.2d 471 (Martin v. Orange County Publications, Inc.) 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

Martin v. Orange County Publications, Inc., 25 A.D.2d 471, 266 N.Y.S.2d 348, 1966 N.Y. App. Div. LEXIS 5195 (N.Y. Ct. App. 1966).

Pincite

Opinion

Herlihy, J.

Appeal from an order which denied plaintiffs’ motion and defendant’s cross motion for summary judgment. The defendant, owner of a newspaper, published an article that the plaintiffs had been arrested as the result of an altercation at a Montieello bar. In a comprehensive decision (49 Misc 2d 84) Mr. Justice Bookstein at Special Term found that from an examination of the affidavits there was a triable issue of fact as to whether the plaintiffs had been arrested and, as to the alleged arrest, the published article was not privileged under section 74 of the Civil Rights Law. Order affirmed, without costs.

Gibson, P. J., Reynolds, Taylor and Hamm, JJ., concur.

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Herlihy, J.

Appeal from an order which denied plaintiffs’ motion and defendant’s cross motion for summary judgment. The defendant, owner of a newspaper, published an article that the plaintiffs had been arrested as the result of an altercation at a Montieello bar. In a comprehensive decision (49 Misc 2d 84) Mr. Justice Bookstein at Special Term found that from an examination of the affidavits there was a triable issue of fact as to whether the plaintiffs had been arrested and, as to the alleged arrest, the published article was not privileged under section 74 of the Civil Rights Law. Order affirmed, without costs.

Gibson, P. J., Reynolds, Taylor and Hamm, JJ., concur.

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Bluebook (online)

25 A.D.2d 471, 266 N.Y.S.2d 348, 1966 N.Y. App. Div. LEXIS 5195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-orange-county-publications-inc-nyappdiv-1966.

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