Longo v. Saratogian, Inc.

Appeal by plaintiff from a judgment of the Supreme Court, Saratoga County (Alexander, J.) entered December 15, 1943, upon a jury verdict of no cause of action at Trial Term, and from an order of the trial court entered on the same day denying plaintiff’s motion under section 549 of the Civil Practice Act to set the verdict aside and for a new trial. The action is in libel. The publication sued upon is libelous per se. Defendant admitted its publication and pleaded partial defenses of good faith and a published retraction. The evidence that the libel referred to plaintiff by his commonly…