Wiener v. Long Island Daily Press Publishing Co.
Wiener v. Long Island Daily Press Publishing Co.
9 A.D.2d 912; 194 N.Y.S.2d 990; 1959 N.Y. App. Div. LEXIS 5594
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.