Legal Opinion
Smith v. Lichterman
New York Supreme Court
Decided April 30, 1929PublishedCited by 4 opinions
1Opinion of the CourtCotillo, J.
This is an action to recover for damages by reason of certain alleged defamatory language used by the defendant concerning the plaintiff. The alleged libelous matter was contained in a verified petition made by the defendant in a summary proceeding commenced in a Municipal Court. The proceeding has not been disposed of and still remains at issue in the Municipal Court. The alleged libel is privileged as'it is made in a pleading in a pending *151action. (Campbell v. N. Y. Evening Post, 245 N. Y. 320; Moore v. Manufacturers’ National Bank of Troy, 123 id. 420.) The court, in writing its opinion in…
2Cases cited8 opinions
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by4 opinions
- Famous Realty, Inc. v. Flota Mercante Grancolombiana, S. A.District Court, E.D. New York · 1948
- Hillside Housing Corp. v. EisenbergerCity of New York Municipal Court · 1939
- New York City Housing Authority v. PenaCity of New York Municipal Court · 1953
- I. Simon Co. v. DwakeAppellate Terms of the Supreme Court of New York · 1950