Legal Opinion
Rinaldi v. Holt, Rinehart & Winston, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1976PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County, entered on March 10, 1976, affirmed for the reasons stated by Gellinoff, J., at Special Term, without costs and without disbursements. Concur—Birns and Lane, JJ.; Lupiano, J., concurs in a memorandum; Murphy, J. P., and Silverman, J., dissent in part in separate memoranda, as follows: Lupiano, J. (concurring). I would affirm the order appealed from for the reasons set forth in Special Term’s cogent opinion. Our Court of Appeals has declared: "To grant summary judgment it must clearly appear that no material and triable issue of fact is presented (Di…
2Cases cited14 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Garrison v. LouisianaSupreme Court of the United States · 1964
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3Cited by4 opinions
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- Davis v. Costa-GavrasDistrict Court, S.D. New York · 1984
- Rinaldi v. Viking Penguin, Inc.New York Supreme Court · 1979
- Nichols v. Village Voice, Inc.Appellate Division of the Supreme Court of the State of New York · 1977