Shenkman v. O'Malley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
In this action for slander, on motion, three complete defenses and two partial defenses, interposed in the amended answer, have been attacked on the ground of legal insufficiency. Defendant appeals, and urges reinstatement of each of the defenses.
It is concluded that the partial defenses are legally sufficient and should be sustained, for they tend to negate malice and are, therefore, admissible in mitigation of damages; that the second complete defense is sufficient; but that neither the first nor the third complete defense is sufficient and they were properly stricken. Defendant, however,…
2Cases cited22 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
- Bingham v. . GaynorNew York Court of Appeals · 1911
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Herlihy v. Metropolitan Museum of ArtAppellate Division of the Supreme Court of the State of New York · 1995
- Vasile v. Dean Witter Reynolds Inc.District Court, E.D. New York · 1998
- Nevin v. Citibank, N.A.District Court, S.D. New York · 2000
- Foretich v. Capital Cities/ABC, Inc.Court of Appeals for the Fourth Circuit · 1994
- Kane v. Orange County PublicationsAppellate Division of the Supreme Court of the State of New York · 1996
11 more not listed; retrieve them via the Exa API.