Legal Opinion
Martin v. Wagner
New York Supreme Court
Decided September 8, 1961PublishedCited by 1 opinion
1Opinion of the CourtFrederick Backer, J.
Defendants the Hearst Corporation — New York Mirror Division, Glenn Neville, Charles B. McCabe and Frank Quinn move to dismiss the complaint under rule 106 of the Buies of Civil Practice, for legal insufficiency, on the face thereof. These defendants contend that the complaint fails to allege what special damage, if any, plaintiff has suffered, and, that the allegations of such special damage are essential whenever one claims recovery for a publication which, to a general reader (and to a well-motivated publisher), is not discernibly defamatory on its face.
Plaintiff has sued these defendants,…
2Cases cited14 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
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3Cited by1 opinion
- Gunsberg v. Roseland Corp.New York Supreme Court · 1962