Legal Opinion
Tracy v. Wm. J. Kline & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1948PublishedCited by 4 opinions
1Opinion of the CourtDeyo, J.
This is a libel action brought by the District Attorney of Montgomery County against a newspaper publisher and stems from the publication of two allegedly defamatory articles which appeared in the Amsterdam Evening Recorder and Daily Democrat on April 21 and 23, 1947.
At the outset it must be borne in mind that upon a motion to dismiss a complaint for failure to state a cause of action, only the sufficiency of the allegations contained in the complaint itself, which are to be treated as established facts, may be considered. (Scholen v. Guaranty Trust Co., 288 N. Y. 249.) Affidavits and other…
2Cases cited11 opinions
- Mencher v. ChesleyNew York Court of Appeals · 1947
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Briarcliff Lodge Hotel, Inc. v. Citizen-Sentinel Publishers, Inc.New York Court of Appeals · 1932
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
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3Cited by4 opinions
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Foltz v. News Syndicate Co.District Court, S.D. New York · 1953
- Cowan v. Time, Inc.New York Supreme Court · 1963
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955