Legal Opinion

Jacobs v. Herlands

New York Supreme Court

Decided January 3, 1940PublishedCited by 8 opinions

1Opinion of the CourtFrancis G. Hooley, J.

Motion under subdivision 6 of rule 109 of the Buies of Civil Practice for an order striking out the first, second, fourth and sixth separate and complete defenses contained in a second amended answer upon' the ground that the same are insufficient as a matter of law. The complaint alleges libel.

The first separate defense is insufficient in law. The defense is absolute privilege. The libel complained of herein was no part of the judicial proceeding, if it be assumed that the investigation was a judicial proceeding. The summoning of reporters and the giving out of a statement to them containing…

2Cases cited4 opinions

  1. Mack, Miller Candle Co. v. Macmillan Co.Appellate Division of the Supreme Court of the State of New York · 1934
  2. MacK, Miller Candle Company v. MacMillan CompanyNew York Court of Appeals · 1934
  3. Lewis v. Chemical Foundation, IncorporatedNew York Court of Appeals · 1933
  4. Finkle v. Westchester Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1932

3Cited by8 opinions

  1. Bradley v. Hartford Accident & Indemnity Co.California Court of Appeal · 1973
  2. Sciandra v. LynettSupreme Court of Pennsylvania · 1963
  3. Adams v. TatschNew Mexico Supreme Court · 1961
  4. Lombardo v. StokeNew York Court of Appeals · 1966
  5. In re the Arbitration between Board of Education & Buffalo Council of Supervisors & AdministratorsAppellate Division of the Supreme Court of the State of New York · 1976

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