Spieler v. Gottesman

Appellate Division of the Supreme Court of New York

Spieler v. Gottesman

12 A.D.2d 894, 210 N.Y.S.2d 102, 1961 N.Y. App. Div. LEXIS 12894

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

DecidedFebruary 2, 1961

StatusPublished

Cited by1 cases

This text of 12 A.D.2d 894 (Spieler v. Gottesman) 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

Spieler v. Gottesman, 12 A.D.2d 894, 210 N.Y.S.2d 102, 1961 N.Y. App. Div. LEXIS 12894 (N.Y. Ct. App. 1961).

Pincite

Opinion

Orders, entered on or about August 19, 1960, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, and motion by defendant-appellant Gottesman to vacate warrant of attachment and to dismiss complaint for insufficiency granted, with $10 costs and motion by defendants-appellants Gutman, Goldberg and Null to dismiss complaint granted, with $10 costs. This action for alleged libel is based upon the alleged publication of defamatory matter in a pleading in a prior action to which the plaintiff here was not a party. Such matter, however, is not “clearly impertinent or beyond the scope of the issues involved ” in such prior action, and, therefore, it is absolutely privileged. (Goldwater v. Merchants Importing, 6 A D 2d 777, and cases cited; also Marson v. Darrow, 8 A D 2d 307; Prosser, Torts [2d ed.], pp. 608, 609.) Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Orders, entered on or about August 19, 1960, unanimously reversed, on the law, with $20 costs and disbursements to the appellants, and motion by defendant-appellant Gottesman to vacate warrant of attachment and to dismiss complaint for insufficiency granted, with $10 costs and motion by defendants-appellants Gutman, Goldberg and Null to dismiss complaint granted, with $10 costs. This action for alleged libel is based upon the alleged publication of defamatory matter in a pleading in a prior action to which the plaintiff here was not a party. Such matter, however, is not “clearly impertinent or beyond the scope of the issues involved ” in such prior action, and, therefore, it is absolutely privileged. (Goldwater v. Merchants Importing, 6 A D 2d 777, and cases cited; also Marson v. Darrow, 8 A D 2d 307; Prosser, Torts [2d ed.], pp. 608, 609.) Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

12 A.D.2d 894, 210 N.Y.S.2d 102, 1961 N.Y. App. Div. LEXIS 12894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spieler-v-gottesman-nyappdiv-1961.

Opinion

Related

Cite This Page — Counsel Stack