D'Altomonte v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Herald Company, from an order of the Supreme Court,, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1912, overruling the defendant’s demurrer to the complaint.
1Dissent
Scott, J. (dissenting):
Plaintiff sues upon two causes of action — one for damages for libel and one for damages under section 51 of the Civil Rights Law, known as the right of privacy act. (See Laws of 1903, chap. 132; Consol. Laws, chap. 6 [Laws of 1909, chap. 14], § 51, as amd. by Laws of 1911, chap. 226.)
The defendant has demurred separately to each count for general insufficiency, and has also demurred to the complaint as *456improperly joining causes of action. ¡Both.causes of action are founded upon the publication by defendant of an article introduced by a short biography of plaintiff, and…
2Cases cited4 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Martin v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Binns v. Vitagraph Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1911