Seltzer v. Fields
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Defendants, alleged to have libelled plaintiff, appeal from an order denying their motion to dismiss the complaint for insufficiency, asserting that the matter ,is not libelous per se and .that the publication, via complaint in a previous action, was absolutely privileged.
The order should be reversed and the motion to dismiss granted. The disposition, however, should be without prejudice to the bringing of a new action, if plaintiff be so advised.
Defendant wife was a limited partner in a partnership realty company. She, as plaintiff, and her husband, as attorney and accountant, commenced the…
2Cases cited14 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Pecue v. . WestNew York Court of Appeals · 1922
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
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3Cited by39 opinions
- Freeze Right Refrigeration & Air Conditioning Services, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Lacher v. EngelAppellate Division of the Supreme Court of the State of New York · 2006
- Sexter & Warmflash, P.C. v. MargrabeAppellate Division of the Supreme Court of the State of New York · 2007
- Bridge C.A.T. Scan Associates v. Ohio-Nuclear Inc.District Court, S.D. New York · 1985
- Colucci v. Chicago Crime CommissionAppellate Court of Illinois · 1975
34 more not listed; retrieve them via the Exa API.