D'Altomonte v. . New York Herald Company
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which affirmed an order of Special Term overruling a demurrer to the complaint in an action for libel and for the use and publication of plaintiff’s name without his written consent in violation of section 51 of the Civil Rights Law.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which affirmed an order of Special Term overruling a demurrer to the complaint in an action for libel and for the use and publication of plaintiff’s name without his written consent in violation of section 51 of the Civil Rights Law. The following questions were certified: “1. Have two causes of action been improperly united in the complaint ? 2. Do the facts alleged in the complaint in this action as a first cause of action state facts sufficient to…
1Opinion of the Court
Orders of Appellate Division and Special Term modified so as to sustain demurrer to second cause of action, and as modified affirmed, without costs in this court to either party. First and third questions certified answered in the negative; second question in the affirmative; no opinion.
- Concur: Cullen, Ch. J., G-ray, Werner, Hiscock, Collin, Cuddeback and Miller, JJ.
2Cited by23 opinions
- Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
- Lahiri v. Daily Mirror, Inc.New York Supreme Court · 1937
- Koussevitzky v. Allen, Towne & Heath, Inc.New York Supreme Court · 1947
- Meeropol v. NizerDistrict Court, S.D. New York · 1974
- Ben-Oliel v. Press Publishing Co.New York Court of Appeals · 1929
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