Legal Opinion

Legros v. Irving

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1971PublishedCited by 29 opinions

1Opinion of the CourtTilzer, J.

Plaintiff appeals from so much of an order and judgment that dismissed the complaint against Clifford Irving on the ground that the court lacks jurisdiction over said defendant.

The plaintiff, an art dealer, brought this action in defamation based upon alleged false statements contained in the hook “ Fake ”, which was authored by defendant Irving (a nonresident) and published and distributed by defendant McGraw-Hill, Inc. Process was served upon Irving personally in Spain, pursuant to CPLR 313.

In dismissing the complaint Special Term stated: ‘ ‘ CPLR § 302(a) (2) specifically excludes an…

2Cases cited2 opinions

  1. Modica v. Westchester Rockland Newspapers, Inc.New York Supreme Court · 1967
  2. Totero v. World Telegram Corp.New York Supreme Court · 1963

3Cited by29 opinions

  1. Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-CvCourt of Appeals for the Second Circuit · 2007
  2. Ehrenfeld v. Bin MahfouzNew York Court of Appeals · 2007
  3. ESI, Inc. v. Coastal Corp.District Court, S.D. New York · 1999
  4. Friedman v. Bloomberg L.P.Court of Appeals for the Second Circuit · 2017
  5. World Wrestling Federation Entertainment, Inc. v. BozellDistrict Court, S.D. New York · 2001

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