Legal Opinion
Martin v. Orange County Publication, Inc.
New York Supreme Court
Decided June 18, 1965PublishedCited by 3 opinions
1Opinion of the CourtIsadore Bookstein, J.
This is a libel action in which plaintiffs move for summary judgment and an assessment of damages.
The contention of plaintiffs is that the article asserting that plaintiffs were arrested is untrue and that they were not, in fact, arrested.
The publication of an article charging that a person has been arrested, if untrue, is libelous per se. (Johnson v. Synett, 89 Hun 192, affd. 157 N Y. 684.)
The answer denies the allegation that the statements contained in the article were untrue.
It also sets up two affirmative defenses.
The first is to the effect that the article was a fair and true report of…
2Cases cited3 opinions
- People v. CollettiNew York County Court, Queens County · 1962
- Paul v. StateNew York Court of Claims · 1963
- Johnson v. SynettNew York Supreme Court · 1895
3Cited by3 opinions
- Prahl v. BrosamleCourt of Appeals of Wisconsin · 1980
- Robart v. Post-StandardAppellate Division of the Supreme Court of the State of New York · 1980
- Martin v. Orange County Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1966