Legal Opinion
Velella v. Benedetto
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Sandler, J.
In the closing days of an election campaign for the New York State Assembly, defendant, a candidate for the seat held by plaintiff (and still held by him), distributed a campaign flyer that gave rise to this libel action. A detailed description of the contents and appearance of the flyer is important to an understanding of the issues raised on this appeal from Special Term’s denial of defendant’s motion for summary judgment dismissing the complaint.
At the top of the leaflet, prominently printed, appears the statement: “velella takes money from indicted…
2Cases cited4 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- James v. Gannett Co.New York Court of Appeals · 1976
3Cited by4 opinions
- Marks v. Elephant Walk, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Lee v. City of RochesterNew York Supreme Court · 1997
- Velella v. BenedettoNew York Court of Appeals · 1982
- Gaeta v. New York News, Inc.Appellate Division of the Supreme Court of the State of New York · 1983