Van Zanary v. Diamond

Appellate Division of the Supreme Court of New York

Van Zanary v. Diamond

259 A.D. 912, 20 N.Y.S.2d 160, 1940 N.Y. App. Div. LEXIS 7251

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

DecidedMay 14, 1940

StatusPublished

This text of 259 A.D. 912 (Van Zanary v. Diamond) 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

Van Zanary v. Diamond, 259 A.D. 912, 20 N.Y.S.2d 160, 1940 N.Y. App. Div. LEXIS 7251 (N.Y. Ct. App. 1940).

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Opinion

Action for slander. Order denying defendant’s motion, under rule 103, Rules of Civil Practice, to strike out paragraphs 14 and 15 of the complaint, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs; plaintiff to serve a new complaint omitting those paragraphs within ten days after the entry of the order hereon. Leave is granted to plaintiff to plead anew within such ten days if he be so advised. The complaint does not allege facts which show that the defendant procured the newspaper items to be published or that he performed some other act which induced then publication; and the irrelevant allegations, if allowed to remain in the complaint, may become prejudicial to defendant at the trial. (Schoepflin v. Coffey, 162 N. Y. 12.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Action for slander. Order denying defendant’s motion, under rule 103, Rules of Civil Practice, to strike out paragraphs 14 and 15 of the complaint, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs; plaintiff to serve a new complaint omitting those paragraphs within ten days after the entry of the order hereon. Leave is granted to plaintiff to plead anew within such ten days if he be so advised. The complaint does not allege facts which show that the defendant procured the newspaper items to be published or that he performed some other act which induced then publication; and the irrelevant allegations, if allowed to remain in the complaint, may become prejudicial to defendant at the trial. (Schoepflin v. Coffey, 162 N. Y. 12.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Bluebook (online)

259 A.D. 912, 20 N.Y.S.2d 160, 1940 N.Y. App. Div. LEXIS 7251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-zanary-v-diamond-nyappdiv-1940.

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