Legal Opinion

Brennan v. Babylon Publishing Co.

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

Decided December 9, 1938Published

1Opinion of the Court

—■ Action to recover damages for an alleged libel contained in an article published in each of two newspapers of the defendant. The issues were submitted to the jury with plaintiff’s acquiescence. A verdict was rendered in favor of the defendant. The trial court, on plaintiff’s motion, set aside the verdict and granted a new trial. Prom the order entered on that ruling defendant appeals. Order reversed on the law, with costs, motion denied, verdict reinstated, and judgment directed to be entered thereon. The plaintiff did not claim that, the article was libelous as matter of law until after…

2Cases cited3 opinions

  1. Brady v. . NallyNew York Court of Appeals · 1896
  2. Fleming v. BrauerAppellate Division of the Supreme Court of the State of New York · 1905
  3. Whilden & Hancock v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1916

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