Gambuzza v. Time, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRabin, J.
In this libel action Special Term denied defendant’s motion to dismiss the two causes of action of the complaint for insufficiency. The defendant appeals from the order of denial and we are called upon to determine whether such denial was proper. We conclude that it was not and that the motion should have been granted.
This action arises out of a picture article published in the defendant’s magazine, Life. The article concerns the exchange of the convicted Russian spy, Rudolf Abel for the American U-2 pilot, Francis Gary Powers. It bears the over-all title: ‘ ‘ THE GREAT SPY SWAP ... AN ALBUM…
2Cases cited7 opinions
- Mencher v. ChesleyNew York Court of Appeals · 1947
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- More v. . BennettNew York Court of Appeals · 1872
- Kloor v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1922
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3Cited by9 opinions
- Schermerhorn v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1980
- Jewell v. NYP Holdings, Inc.District Court, S.D. New York · 1998
- El Meson Espanol v. Nym CorporationCourt of Appeals for the Second Circuit · 1975
- Gunduz v. New York Post Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Gaeta v. Home Box OfficeCivil Court of the City of New York · 1996
4 more not listed; retrieve them via the Exa API.