Legal Opinion

Foerster v. Flynn

New York Supreme Court

Decided October 20, 1948PublishedCited by 2 opinions

1Opinion of the CourtMcNally, J.

This motion is made under rule 102 of the Rules of Civil Practice in a libel action and seeks to have paragraph 39 of the defendant’s amended answer made more definite and certain. The paragraph follows: 11 39. That insofar as the article complained of constituted statements of facts, such statements were true, and insofar as said article constituted expressions of opinion, such expressions were fair comment upon said foregoing facts, and such as a fairminded person could make thereon, and were the expressions of defendant’s honest opinions, and the same are lawfully inferable from and…

2Cases cited3 opinions

  1. Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
  2. Metropolitan Life Insurance v. KnickerBocker Broadcasting Co.New York Supreme Court · 1939
  3. Klein v. BibenNew York Supreme Court · 1947

3Cited by2 opinions

  1. Shenkman v. O'MalleyNew York Supreme Court · 1955
  2. J. Radley Metzger Co. v. New York Times Publishing Co.New York Supreme Court · 1958

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