Mitchell v. Herald Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J. P.
In this libel action defendant, the Herald Company, was granted summary judgment dismissing the complaint. It asks that we modify the order to impose sanctions, including costs and attorney’s fees, on plaintiff and his attorney for instituting and pursuing a frivolous claim (CPLR 8303-a). We find that the libel claim stated herein is lacking in merit and, because plaintiff and his attorney knew or should have known that it lacked merit, defendant is entitled to sanctions.
Plaintiff commenced this action for libel against defendant, publisher of the Syracuse…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986
- Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Carlucci v. Poughkeepsie Newspapers, Inc.New York Court of Appeals · 1982
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3Cited by27 opinions
- McGill v. ParkerAppellate Division of the Supreme Court of the State of New York · 1992
- Grasso v. MathewAppellate Division of the Supreme Court of the State of New York · 1991
- Fine v. ESPN, Inc.District Court, N.D. New York · 2014
- Rittenhouse v. St. Regis Hotel Joint VentureNew York Supreme Court · 1990
- Patane v. GriffinAppellate Division of the Supreme Court of the State of New York · 1990
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