Legal Opinion
Berkson v. Time, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1959PublishedCited by 4 opinions
1Opinion of the CourtBergan, J.
In this action for libel instituted by the publisher and corporate owner of a leading metropolitan newspaper, the New York Journal American, against the corporate owner and editor of a national news weekly, -Time, the basic legal problem is whether the publication is libelous per se.
If, as the court at Special Term decided, the publication is libelous, subsidiary questions would arise as to whether the plaintiff corporation has stated a cause of action without pleading pecuniary injury or damage to its credit; and whether, in the cause stated by the plaintiff publisher, the publication is…
2Cases cited7 opinions
- Kimmerle v. New York Evening Journal, Inc.New York Court of Appeals · 1933
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Hayes v. . BallNew York Court of Appeals · 1878
- Martin v. StillwellNew York Supreme Court · 1816
- Church v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by4 opinions
- Lawlor v. Gallagher Presidents' Report, Inc.District Court, S.D. New York · 1975
- Salomone v. Macmillan Publishing Co.New York Supreme Court · 1978
- Eason Publications, Inc. v. Atlanta Gazette, Inc.Court of Appeals of Georgia · 1977
- Wojcinski v. FoleyDistrict Court, N.D. New York · 1963