Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'n
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1918, which affirmed an order of Special Term granting a motion to strike from the complaint certain allegations as irrelevant.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1918, which affirmed an order of Special Term granting a motion to strike from the complaint certain allegations as irrelevant. The following question was certified: “ Was the following portion of paragraph eleventh of the complaint herein, viz., ' and in order to minimize the damage and injury to its reputation and credit, plaintiff was obliged to and did cause denials of such false and defamatory statements to be made in newspapers published and circulated,…
1Opinion of the Court
Hiscock, Ch. J.
In this action for libel plaintiff has alleged and is seeking to recover as part of its damages certain expenses incurred in publishing denials of the truth of the offending article for the purpose of averting and minimizing its damages. On motion these allegations were stricken out of the complaint as irrelevant on the theory that plaintiff could not recover such damages and the question now presented to us by certification is whether this should have been done. It is essential to an intelligent discussion of the question to state the facts presenting it as they are set out in…
2Cases cited28 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Jones v. . MorganNew York Court of Appeals · 1882
23 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Comdyne I, Inc. v. CorbinCourt of Appeals for the Third Circuit · 1990
- Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
- Big O Tire Dealers, Inc., a Colorado Corporation v. The Goodyear Tire & Rubber Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1977
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Bigelow v. BrumleyOhio Supreme Court · 1941
69 more not listed; retrieve them via the Exa API.