Legal Opinion

Simon v. Potts

New York Supreme Court

Decided January 4, 1962PublishedCited by 15 opinions

1Opinion of the Court

Ellis J. Staley, Jr., J.

This is a motion for an order dismissing the complaint herein pursuant to the provisions of subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that the complaint fails to state a cause of action. The complaint herein alleges that a certain letter dated November 19, 1959 written by the defendant, David M. Potts, to the plaintiff is 1 ‘ false, libelous, vicious and defamatory ’ ’ and by reason of the publication of said letter ‘ ‘ the plaintiff has been held up to contempt and reproach, has been greatly injured in his reputation, and has suffered…

2Cases cited20 opinions

  1. Youmans v. . SmithNew York Court of Appeals · 1897
  2. Andrews v. . GardinerNew York Court of Appeals · 1918
  3. Marsh v. . EllsworthNew York Court of Appeals · 1872
  4. People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
  5. Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839

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3Cited by15 opinions

  1. O'BRIEN v. AlexanderDistrict Court, S.D. New York · 1995
  2. Arthur Theiss v. Gordon H. SchererCourt of Appeals for the Sixth Circuit · 1968
  3. Seltzer v. FieldsAppellate Division of the Supreme Court of the State of New York · 1963
  4. Sexter & Warmflash, P.C. v. MargrabeAppellate Division of the Supreme Court of the State of New York · 2007
  5. Weiler v. SternAppellate Court of Illinois · 1978

10 more not listed; retrieve them via the Exa API.

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