Naylor v. Variety, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Variety, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of June, 1917, granting plaintiff’s motion for judgment on the pleadings, consisting of a complaint and the demurrer thereto.
1Opinion of the Court
Laughlin, J.:
The pleadings consist of the complaint and a demurrer thereto for insufficiency. The action is for libel. Plaintiff alleges that he was engaged in the theatrical business in various branches producing plays and employing actors in the production thereof, and was presenting a play at New Britain, Conn., under the name of “ Walter Naylor Players ” when the defendant, a corporation engaged in publishing a periodical known as “ Variety,” published therein an article relating to the play which the plaintiff was so producing, as follows:
“ Left When Salaries Lapsed.
“ New Britain, Conn.,…
2Cases cited2 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Perley v. Morning Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Berg v. Printers' Ink Pub. Co.District Court, S.D. New York · 1943