Wiener v. Long Island Daily Press Publishing Co.

Appellate Division of the Supreme Court of New York

Wiener v. Long Island Daily Press Publishing Co.

9 A.D.2d 912, 194 N.Y.S.2d 990, 1959 N.Y. App. Div. LEXIS 5594

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

DecidedDecember 14, 1959

StatusPublished

This text of 9 A.D.2d 912 (Wiener v. Long Island Daily Press Publishing Co.) 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

Wiener v. Long Island Daily Press Publishing Co., 9 A.D.2d 912, 194 N.Y.S.2d 990, 1959 N.Y. App. Div. LEXIS 5594 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover damages for libel, the appeal is from an order granting a motion for summary judgment dismissing the amended complaint and from the judgment entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied. The article published by respondent, and the portion thereof relied on by appellant, is fairly susceptible of the interpretation that appellant effected a reconciliation with his wife because his “ number was coming up in the draft ”, a charge which would constitute libel per se. Rolan, P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for libel, the appeal is from an order granting a motion for summary judgment dismissing the amended complaint and from the judgment entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied. The article published by respondent, and the portion thereof relied on by appellant, is fairly susceptible of the interpretation that appellant effected a reconciliation with his wife because his “ number was coming up in the draft ”, a charge which would constitute libel per se. Rolan, P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

9 A.D.2d 912, 194 N.Y.S.2d 990, 1959 N.Y. App. Div. LEXIS 5594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiener-v-long-island-daily-press-publishing-co-nyappdiv-1959.