D'Andrea v. New York Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Antonio D’Andrea, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. b The action is for libel, and the article complained of, which was published by the .defendent on January 5, 1900, at a time when a Mrs. Cignarale; who had been found…
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Appeal by the plaintiff, Antonio D’Andrea, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. b The action is for libel, and the article complained of, which was published by the .defendent on January 5, 1900, at a time when a Mrs. Cignarale; who had been found guilty of murder, was finally pardoned, is as follows: ■ “ Mrs. Cignarale shot her husband in 111th street near Second avenue…
1Opinion of the Court
O’Brien, J. :
' The. appellant insists' that the article complained of gives rise to. the natural inference 'that plaintiff was the person who was with the woman when she shot her. husband; that he was quarrel-*607ling with ' the murdered husband; that it was in his defense that the shooting was done; that she had deserted her husband for the plaintiff; that the husband' was incensed against the plaintiff and attempted to'beat him; that the wife thought so much more of the plaintiff than she: did of her husband that she was willing to commit'murder for him;. that he was an accomplice and incited…
2Cases cited4 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- More v. . BennettNew York Court of Appeals · 1872
- Winchell v. Argus Co.New York Supreme Court · 1893
- Gallagher v. BryantAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- World's Dispensary Medical Ass'n v. CollierNew York Supreme Court · 1914