Zefferer v. Campbell

Appellate Division of the Supreme Court of New York

Zefferer v. Campbell

3 A.D.2d 856, 161 N.Y.S.2d 497, 1957 N.Y. App. Div. LEXIS 5876

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

DecidedApril 15, 1957

StatusPublished

Cited by1 cases

This text of 3 A.D.2d 856 (Zefferer v. Campbell) 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

Zefferer v. Campbell, 3 A.D.2d 856, 161 N.Y.S.2d 497, 1957 N.Y. App. Div. LEXIS 5876 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for libel, the appeal is from an order granting a motion to dismiss the complaint for insufficiency. The statement upon which the action is based, as alleged in the complaint, was contained in an affidavit made by respondent, a physician, in an action for separation against the appellant. Order unanimously affirmed, with $10 costs and disbursements. ' The affidavit was made during the course of a judicial proceeding. The relevancy of the statement is necessarily implied on the further allegation in the complaint that the statement materially reduced appellant’s chances of success in the separation action so that he consented to an adverse judgment. In any event, there is no factual allegation in the complaint showing that the statement was irrelevant, an allegation which is essential in the light of the fact that the affidavit had been submitted in a legal proceeding. Present—Wenzel, Acting P. J., Beldock, Murphy, TJghetta and Kleinfeld, JJ.

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In an action to recover damages for libel, the appeal is from an order granting a motion to dismiss the complaint for insufficiency. The statement upon which the action is based, as alleged in the complaint, was contained in an affidavit made by respondent, a physician, in an action for separation against the appellant. Order unanimously affirmed, with $10 costs and disbursements. ' The affidavit was made during the course of a judicial proceeding. The relevancy of the statement is necessarily implied on the further allegation in the complaint that the statement materially reduced appellant’s chances of success in the separation action so that he consented to an adverse judgment. In any event, there is no factual allegation in the complaint showing that the statement was irrelevant, an allegation which is essential in the light of the fact that the affidavit had been submitted in a legal proceeding. Present—Wenzel, Acting P. J., Beldock, Murphy, TJghetta and Kleinfeld, JJ.

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Bluebook (online)

3 A.D.2d 856, 161 N.Y.S.2d 497, 1957 N.Y. App. Div. LEXIS 5876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zefferer-v-campbell-nyappdiv-1957.

Opinion

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