Triggs v. Sun Printing & Publishing Ass'n
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1994, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint.- This appeal is taken in pursuance of leave granted by the Appellate Division allowing the appellant to appeal to this court from such order of reversal and from each and every part thereof.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1994, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint.- This appeal is taken in pursuance of leave granted by the Appellate Division allowing the appellant to appeal to this court from such order of reversal and from each and every part thereof. That court certified that a .question of law has arisen which, in its opinion, ought to be reviewed by the Court of Appeals, and stated it as follows: “ Does the…
1Opinion of the CourtMartin, J.
This action was for libel. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. By interposing a demurrer upon that ground, all the facts alleged in the complaint or which can by reasonable and fair intendment he implied from the allegations thereof, are deemed admitted. (Marie v. Garrison, 83 N. Y. 14; Sanders v. Soutter, 126 N. Y. 193, 195; Ahrens v. Jones, 169 N. Y. 555, 559.)
A written or prrinted statement or article published of or concerning another which is false and tends to injure his reputation and thereby…
2Cases cited17 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Moore v. . FrancisNew York Court of Appeals · 1890
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Morrison v. . SmithNew York Court of Appeals · 1904
- Bergmann v. . JonesNew York Court of Appeals · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Samuel Albert v. Salmen Loksen, Brooklyn Hospital and Karen BuonoCourt of Appeals for the Second Circuit · 1999
- Sidis v. FR Pub. CorporationCourt of Appeals for the Second Circuit · 1940
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
99 more not listed; retrieve them via the Exa API.