Nih v. Bolman

Appellate Division of the Supreme Court of New York

Nih v. Bolman

282 A.D. 1008, 126 N.Y.S.2d 206, 1953 N.Y. App. Div. LEXIS 5661

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

DecidedNovember 18, 1953

StatusPublished

This text of 282 A.D. 1008 (Nih v. Bolman) 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

Nih v. Bolman, 282 A.D. 1008, 126 N.Y.S.2d 206, 1953 N.Y. App. Div. LEXIS 5661 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order affirmed, with $10 costs and disbursements. All concur, except Vaughan and Kimball, JJ., who dissent and vote for reversal and granting of the motion upon the ground that the spoken words complained of are not slanderous per se in the absence of an allegation of special damage. Even in a libel action this court has held not to be libelous words which plaintiff claimed to have charged him with a crime. (Siemiankowski v. Pankiewiez, 277 App. Div. 830.) (Appeal from an order denying defendant’s motion to dismiss plaintiff’s complaint in an action for damages for an alleged slander.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 283 App. Div. 848.]

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Order affirmed, with $10 costs and disbursements. All concur, except Vaughan and Kimball, JJ., who dissent and vote for reversal and granting of the motion upon the ground that the spoken words complained of are not slanderous per se in the absence of an allegation of special damage. Even in a libel action this court has held not to be libelous words which plaintiff claimed to have charged him with a crime. (Siemiankowski v. Pankiewiez, 277 App. Div. 830.) (Appeal from an order denying defendant’s motion to dismiss plaintiff’s complaint in an action for damages for an alleged slander.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 283 App. Div. 848.]

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Bluebook (online)

282 A.D. 1008, 126 N.Y.S.2d 206, 1953 N.Y. App. Div. LEXIS 5661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nih-v-bolman-nyappdiv-1953.