Legal Opinion
Hartmann v. Winchell
New York Court of Appeals
Decided April 17, 1947PublishedCited by 29 opinions
1Opinion of the CourtThacher, J.
The,motion to dismiss the amended complaint, pursuant to rule 106 of the Rules of Civil Practice, was denied, and this determination has been affirmed on appeal to the Appellate Division with leave to appeal to this court upon the following certified questions:
“ 1 — Does the utterance of defamatory remarks, read from a script into a radio microphone and broadcast, constitute publication of libel?
“ 2 — Does the further amended complaint state facts sufficient to constitute a cause of action? ”
The words of the broadcast were defamatory and were spoken of and concerning the plaintiff; they did…
2Cases cited13 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Ostrowe v. LeeNew York Court of Appeals · 1931
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Kleeberg v. SipserNew York Court of Appeals · 1934
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
- Charles Parker Co. v. Silver City Crystal Co.Supreme Court of Connecticut · 1955
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- American Broadcasting-Paramount Theatres, Inc. v. SimpsonCourt of Appeals of Georgia · 1962
- Gearhart v. WSAZ, Inc.District Court, E.D. Kentucky · 1957
24 more not listed; retrieve them via the Exa API.