Legal Opinion

Levy v. Gelber

New York Supreme Court

Decided January 8, 1941PublishedCited by 21 opinions

1Opinion of the CourtHofstadter, J.

This is a motion to dismiss a complaint in a libel action for legal insufficiency. The plaintiff is an attorney and the defendant is an official of Local 306, Moving Picture Machine Operators’ Union. The alleged libel is in the form of an open letter to the members of the union. No special damages are alleged and the defendant on the authority of O’Connell v. Press Publishing Co. (214 N. Y. 352) seeks a dismissal on the ground that the words complained of are not libelous per se.

*747It is axiomatic that words should be given their ordinary and natural meaning. As so construed the language of the…

2Cases cited3 opinions

  1. O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
  2. Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
  3. Garriga v. RichfieldNew York Supreme Court · 1940

3Cited by21 opinions

  1. Mencher v. ChesleyNew York Court of Appeals · 1947
  2. Grant v. Reader's Digest Ass'nCourt of Appeals for the Second Circuit · 1945
  3. Richeson v. KesslerIdaho Supreme Court · 1953
  4. Spanel v. PeglerCourt of Appeals for the Seventh Circuit · 1947
  5. Wachs v. WinterDistrict Court, E.D. New York · 1983

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