Hartmann v. Winchell

It has been held that the radio broadcast of a script containing defamatory matter constitutes libel (Hryhorijiv v. Winchell, 180 Misc. 574, affd. 267 App. Div. 817). Each publication of defamatory matter constitutes a separate cause of action (Cook v. Conners, 215 N. Y. 175). The plaintiff may have one cause of action for the defamatory matter in the radió broadcast and one for the newspaper publication. However, as I read the first cause of action alleged in the complaint, there is but one cause of action based on the radio broadcast which incorporates by reference the matter contained in…