DiMiceli v. Klieger

This is an appeal from an order denying defendant’s motion for summary judgment in a libel action. Two issues are raised. Three will be discussed.

The test. Not raised, at least at the summary judgment stage, is the question of whether the letter sent was or could be considered defamatory. In this state and else where, a communication is defamatory “. . . if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” The test is whether the communication is capable of such meaning. If…