Velella v. Benedetto

Lupiano, J. (dissenting).

In a campaign for an assembly seat, defendant circulated a flyer accusing his opponent, plaintiff herein, the incumbent, of taking a campaign contribution from an indicted landlord with whom plaintiff purportedly shared an office. Defendant points out that the Daily News article and the photostat of the receipt of the contribution, both set forth in the flyer, are, by their very nature, true. However, the flyer is to be “considered as a whole, that its meaning depends, not upon isolated and detached statements, but upon ‘ “the whole scope and apparent object of the…