Scally v. Kovac

Appellate Division of the Supreme Court of New York

Scally v. Kovac

49 A.D.2d 953, 374 N.Y.S.2d 54, 1975 N.Y. App. Div. LEXIS 11244

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

DecidedOctober 28, 1975

StatusPublished

This text of 49 A.D.2d 953 (Scally v. Kovac) 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

Scally v. Kovac, 49 A.D.2d 953, 374 N.Y.S.2d 54, 1975 N.Y. App. Div. LEXIS 11244 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover damages for defamation, defendant appeals (by permission) from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated April 2, 1974, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered March 30, 1973, after a nonjury trial, in favor of plaintiff against defendant. The trial court’s decision, in addition to holding in favor of [954]*954plaintiff, directed that the third-party complaint be dismissed. Order affirmed, with one bill of costs jointly to respondents. The record on this appeal supports (1) the finding by the learned Trial Judge that defendant "impugned the character, integrity and reputation of the Plaintiff without just cause, with malice and [upon] unfounded suspicion” and (2) the award of damages made. Similarly, the dismissal of the third-party complaint was proper. The third-party defendant was not responsible for defendant’s subsequent publication of defamatory remarks without its authorization and in clear violation of its contract with defendant. Hopkins, Acting P. J., Martuscello, Cohalan, Christ and Munder, JJ., concur.

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In an action to recover damages for defamation, defendant appeals (by permission) from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated April 2, 1974, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered March 30, 1973, after a nonjury trial, in favor of plaintiff against defendant. The trial court’s decision, in addition to holding in favor of [954]*954plaintiff, directed that the third-party complaint be dismissed. Order affirmed, with one bill of costs jointly to respondents. The record on this appeal supports (1) the finding by the learned Trial Judge that defendant "impugned the character, integrity and reputation of the Plaintiff without just cause, with malice and [upon] unfounded suspicion” and (2) the award of damages made. Similarly, the dismissal of the third-party complaint was proper. The third-party defendant was not responsible for defendant’s subsequent publication of defamatory remarks without its authorization and in clear violation of its contract with defendant. Hopkins, Acting P. J., Martuscello, Cohalan, Christ and Munder, JJ., concur.

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Bluebook (online)

49 A.D.2d 953, 374 N.Y.S.2d 54, 1975 N.Y. App. Div. LEXIS 11244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scally-v-kovac-nyappdiv-1975.