Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

SPRING JOINT VENTURE ET AL. v. FAIRCHILD PUBLICATIONS (09/25/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


September 25, 1969

SPRING JOINT VENTURE ET AL., RESPONDENTS,
v.
FAIRCHILD PUBLICATIONS, INC., APPELLANT

Concur -- Stevens, P. J., Tilzer, Markewich, Nunez and McNally, JJ.

Order entered February 28, 1969, denying motion to dismiss the complaint, reversed on the law and the complaint dismissed, with $50 costs and disbursements to defendant-appellant with leave to both plaintiffs, however, to apply to Special Term to serve an amended complaint on proper papers with reference to the first cause of action only. (See Andlou Prop. v. Grayck, 24 A.D.2d 716.) The complaint fails to state a cause of action in libel per se and does not sufficiently allege special damage. (See Drug Research Corp. v. Curtis Pub. Co., 7 N.Y.2d 435.) The second cause of action is dismissed. Plaintiffs may not fortify the alleged libel underlying the first cause of action by reliance upon a prior unrelated alleged libel.

19690925

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.