Legal Opinion

Matherson v. Marchello

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1984PublishedCited by 114 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J. P.

In this defamation action, plaintiffs Robert W. Matherson and Carolyn E. Matherson appeal from an order of the Supreme Court, Suffolk County, which, upon a motion made pursuant to CPLR 3211 (subd [a], par 7), in effect dismissed their complaint for failure to state a cause of action. Plaintiffs were granted leave to replead, setting forth allegations of special damages. We hold that the statements complained of constitute libel, actionable without proof of special damages, and reverse.

On October 28, 1980, radio station WBAB conducted an interview with the…

2Cases cited63 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  4. Herbert v. LandoSupreme Court of the United States · 1979
  5. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976

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3Cited by114 opinions

  1. Liberman v. GelsteinNew York Court of Appeals · 1992
  2. Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
  3. Samuel Albert v. Salmen Loksen, Brooklyn Hospital and Karen BuonoCourt of Appeals for the Second Circuit · 1999
  4. Hall v. City of White PlainsDistrict Court, S.D. New York · 2002
  5. Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000

109 more not listed; retrieve them via the Exa API.

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