Maglio v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Few York Flerald Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 29th day of October, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the plaintiffs’ complaint.
1Per curiam
We agree with the learned counsel for the appellant that the alleged libel refers to the property of the plaintiffs and not to the plaintiffs individually, and that it is, therefore, necessary to allege special damage in order to maintain the action. We are of opinion, however, that there is a sufficient allegation of special damage in the statement that the plaintiffs’ hotel property has become depreciated in value by reason of the publication. This is enough to sustain the complaint.
Goodrich, P. J., Bartlett, Woodward, Hirschberg and PIooker, JJ., concurred.
Interlocutory judgment affirmed,…
2Cited by7 opinions
- Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914
- Cromarty v. Prentice-Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Maglio v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Richman v. New York Herald Tribune, Inc.New York Supreme Court · 1957
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
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