Legal Opinion
Schwartz v. Bartle
New York Supreme Court
Decided May 31, 1966PublishedCited by 4 opinions
1Opinion of the CourtRichard J. Cardamone, J.
The defendants have moved pursuant to CPLR 8303 (subd. [a], par. 2) for additional costs in the amount of $3,000.
A libel action was instituted by the plaintiff against the defendants, and others (who were subsequently dropped as parties), in June, 1962. The action came on for trial before this court on March 21 and 22, 1966. The only issue tried was the third affirmative defense set forth in the defendants’ answer which alleges that the claimed libelous statements arose in the course of a judicial proceeding. The resolution of this issue was one of law and not of fact (People ex rel. Bensky…
2Cases cited4 opinions
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
- Schwartz v. BartleNew York Supreme Court · 1966
- Chaffee v. RahrNew York Supreme Court · 1943
- Venner v. BelmontAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Niccoli v. Monarch Life InsuranceNew York Supreme Court · 1972
- Alfonso v. RossoCivil Court of the City of New York · 1987
- Ross v. Fay's Drug Co. of Cohoes, Inc.New York Supreme Court · 1986
- F & D Realty Co. v. NotoAppellate Division of the Supreme Court of the State of New York · 1987