Spano v. Orange County Independent Corp.

243 A.D. 537

Opinion

Order denying motion to dismiss the complaint, in an action for libel, upon the ground that the complaint does not state facts sufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements, with leave to defendant to serve an answer within ten days from service of a copy of the order herein. A statement, published in a newspaper, that a duly licensed physician has come to the community “ apparently to complete a medical and surgical apprenticeship ” is a reflection upon his professional attainments and is, in our opinion, libelous per se. Lazansky, P. J., Young and Tompkins, JJ., concur; Seudder, J., concurs for affirmance, being of the opinion that the additional item with reference to professional ethics is libelous; Davis, J., concurs for affirmance without limitation, at this time, of the scope of the libelous article — it being alleged that defendant was actuated by malice in publishing a false defamatory article, which on examination appears to attribute to plaintiff unworthy motives and holds him up to public ridicule and scorn.