Maglio 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 interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of October, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
Read the full summary
Appeal by the defendant, The New York Herald Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of October, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint. The action was brought by the plaintiff, for many years the proprietor. of a hotel at White Plains, Westchester county, N, Y., known as the Roma Hotel, to recover damages alleged to have been sustained by reason of…
1Opinion of the Court
Per Curiam :
The alleged libels for the publication of which this action is brought do not differ materially from those which were under consideration in Maglio v. New York Herald Co. (83 App. Div. 44). It seems to us that they refer to the property of the plaintiff and not to the plaintiff individually. Here, however, there is no allegation of special damage, and without such an allegation, where the defamatory publication is a libel on the place, and not bn the plaintiff, the complaint does not state facts sufficient to constitute a cause of action. (Kennedy v. Press Publishing Co., 41 Hun,…
2Cases cited1 opinion
- Maglio v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- El Meson Espanol v. Nym CorporationCourt of Appeals for the Second Circuit · 1975
- Richman v. New York Herald Tribune, Inc.New York Supreme Court · 1957
- Wisner v. NicholsSupreme Court of Iowa · 1913