Legal Opinion
Bridgwood v. Newspaper PM Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1949Published
1Opinion of the Court
In our opinion the defense that the article was a fair and true report of a judicial, public and official proceeding, privileged under section 337 of the Civil Practice Act, is a defense available to defendants which should not be summarily struck out as insufficient in law. (Baumann v. Newspaper Enterprises, 270 App. Div. 825; Farrell v. New York Evening Post, 167 Misc. 412.) Whether the other matter contained in the article was fair comment is a question for the jury under the facts here presented. (Briarcliff Lodge Hotel v. Citizen-Sentinal Publishers, 260 N. Y. 106, 116; Hoeppner v.…
2Cases cited10 opinions
- Fleckenstein v. FriedmanNew York Court of Appeals · 1934
- Briarcliff Lodge Hotel, Inc. v. Citizen-Sentinel Publishers, Inc.New York Court of Appeals · 1932
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Farrell v. New York Evening Post, Inc.New York Supreme Court · 1938
- Goodrich v. WoolcottNew York Supreme Court · 1824
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