From Casetext: Smarter Legal Research

Nemerover v. Held

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1976
54 A.D.2d 561 (N.Y. App. Div. 1976)

Opinion

September 20, 1976


In a defamation action, plaintiff appeals from an order of the Supreme Court, Kings County, dated July 28, 1975, which granted defendants' motions to dismiss the complaint. Order affirmed, with one bill of $50 costs and disbursements jointly to defendants appearing separately and filing separate briefs. The comments made by the defendant Held, "in open and public court", were absolutely privileged (see Karelas v Baldwin, 237 App. Div. 265; see, also, Douglas v Collins, 243 App. Div. 546, affd 267 N.Y. 557; Salomon v Mahoney, 271 App. Div. 478). Likewise, defendants were absolutely privileged in publishing the transcript of the September 20, 1974 proceedings (see Civil Rights Law, § 74). Plaintiff's reliance on section 235 Dom. Rel. of the Domestic Relations Law is misplaced since the published transcript merely sets forth a colloquy between the court and the attorney who succeeded plaintiff. Hopkins, Acting P.J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.


Summaries of

Nemerover v. Held

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1976
54 A.D.2d 561 (N.Y. App. Div. 1976)
Case details for

Nemerover v. Held

Case Details

Full title:SALLY NEMEROVER, Also Known as SALLY LIPPNER, Appellant, v. GERALD S. HELD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 20, 1976

Citations

54 A.D.2d 561 (N.Y. App. Div. 1976)

Citing Cases

Beary v. West Publishing Co.

Our review of the decisional law since Brancato was decided satisfies us beyond any serious question that,…