Appellate Division of the Supreme Court of New York, 1959

Wiener v. Long Island Daily Press Publishing Co.

Wiener v. Long Island Daily Press Publishing Co.
Appellate Division of the Supreme Court of New York · Decided December 14, 1959
9 A.D.2d 912; 194 N.Y.S.2d 990; 1959 N.Y. App. Div. LEXIS 5594
Wiener v. Long Island Daily Press Publishing Co.

Opinion of the Court

In an action to recover damages for libel, the appeal is from an order granting a motion for summary judgment dismissing the amended complaint and from the judgment entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied. The article published by respondent, and the portion thereof relied on by appellant, is fairly susceptible of the interpretation that appellant effected a reconciliation with his wife because his “ number was coming up in the draft ”, a charge which would constitute libel per se. Rolan, P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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