Legal Opinion

Cromwell v. Norton

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

Decided June 10, 1932PublishedCited by 5 opinions

1Opinion of the CourtFinch, P. J.

In granting the bill of particulars the justice at Special Term should be affirmed. i

This court has at least twice held in slander actions under similar circumstances that where a complaint alleges that the alleged privileged communication was shown by the recipient to numerous other persons who saw and read the same, the defendant is entitled to know to whom the libelous words were shown. In Mason v. Clark (75 App. Div. 460), Justice Ingraham (afterwards Presiding Justice) said: “ To prevent surprise at the trial, it is necessary that the defendant should have notice of the exact time and…

2Cases cited3 opinions

  1. Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Mason v. ClarkAppellate Division of the Supreme Court of the State of New York · 1902
  3. Kayata v. OntraAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by5 opinions

  1. Segel v. BarnettNew York Supreme Court · 1962
  2. Wohlrab v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1984
  3. Flynn v. Confidential, Inc.New York Supreme Court · 1957
  4. Sweeney v. United Feature Syndicate, Inc.District Court, S.D. New York · 1939
  5. Wohlrab v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1984

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