Legal Opinion
Rupert v. Sellers
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1978PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The members of this court are unanimous in their opinion that the plaintiffs are entitled to recover in this action, and the opinion of Justice Card amone ably sets forth our resolution of the several issues presented by the parties. Three of us, however, do not find it necessary to predicate our decision upon the Supreme Court’s ruling that there may be no liability without fault in certain defamation actions as enunciated in Gertz v Robert Welch, Inc. (418 US 323). Indeed, for the reasons which follow we find it inappropriate to do so.
This action was tried two…
2Cases cited4 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Time, Inc. v. FirestoneSupreme Court of the United States · 1976
- Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
- Moran v. Hearst Corp.New York Court of Appeals · 1976
3Cited by19 opinions
- Texaco, Inc. v. Pennzoil, Co., Texas Court of Appeals, 1st District (Houston)1987
- Paula A. Konikoff v. The Prudential Insurance Company of AmericaCourt of Appeals for the Second Circuit · 2000
- Hogan v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Wachs v. WinterDistrict Court, E.D. New York · 1983
- Bio/Basics International Corp. v. Ortho Pharmaceutical Corp.District Court, S.D. New York · 1982
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