Robertson v. New York Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Hew York Press Company (Limited) and another, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 30.th day of October, 1895, as denies the motion theretofore made by the defendants to strike out from the amended complaint in the action the following .allegation as irrelevant: “ That, immediately after said publication was • made, the…
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Appeal by the defendants, the Hew York Press Company (Limited) and another, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 30.th day of October, 1895, as denies the motion theretofore made by the defendants to strike out from the amended complaint in the action the following .allegation as irrelevant: “ That, immediately after said publication was • made, the Senate ■of the State of Hew York, by formal' resolution adopted in open session, ordered an investigation of i all the…
1Opinion of the Court
Hatch, J.:. The action is libel. The complaint, by. appropriate allegations,.sets out the alleged libel and seeks, by certain specific allegations, to show special damages sustained by reason thereof. As alleged in the complaint, the libel was published of and concerning plaintiff in his office as a State Senator of this State- The specific allegation, which is the subject of this appeal, has in part been the subject of examination upon a motion to strike it from the original complaint. As therein alleged, it reads: “ That immediately after said publication was made, the Senate of the "State…
2Cases cited2 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Raines v. New York Press Co.New York Supreme Court · 1895