Legal Opinion

Wildstein v. New York Post Corp.

New York Supreme Court

Decided June 27, 1963PublishedCited by 4 opinions

1Opinion of the Court

Abraham N. (teller, J.

This is a motion to dismiss the complaint pursuant to rule 106 of the Buies of Civil Practice for legal insufficiency. The complaint is based on an article containing a reference to plaintiff wife, which appeared in defendant’s newspaper.

There are four causes of action alleged in the complaint. The first and basic cause is by plaintiff wife for libel. The second cause repeats all the allegations of the first, adding a demand by her for punitive damages. The third and fourth causes are asserted derivatively by plaintiff husband, the first of these claiming damages for his…

2Cases cited4 opinions

  1. Mencher v. ChesleyNew York Court of Appeals · 1947
  2. O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
  3. Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Irving v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by4 opinions

  1. Wilson v. Retail Credit CompanyDistrict Court, S.D. Mississippi · 1971
  2. Dworkin v. Hustler Magazine, Inc.District Court, C.D. California · 1987
  3. Lambert v. GarloOhio Court of Appeals · 1985
  4. Redding v. Dun & Bradstreet, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1969

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