Appellate Division of the Supreme Court of New York, 1934

Zator v. Nowy Swiat Publishing Co.

Zator v. Nowy Swiat Publishing Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1934
243 A.D. 583
Zator v. Nowy Swiat Publishing Co.

Opinion of the Court

In an action for libel, judgment reversed on the law and a new trial granted, costs to appellants to abide the event. In our opinion, prejudicial errors were committed by the court in excluding testimony offered by the defendants to show what occurred and what statements were made by the plaintiff and others at the bondholders’ meeting, in submitting to the jury the question of special damages, which were not pleaded, and in refusing to charge the jury on that subject, as requested by defendants’ counsel. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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