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Zefferer v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1957
3 A.D.2d 856 (N.Y. App. Div. 1957)

Summary

In Zefferer v. Campbell (supra) the Appellate Division, Second Department affirming an order granting a motion to dismiss a complaint in libel for insufficiency stated as follows: "In any event, there is no factual allegation in the complaint showing that the statement was irrelevant, an allegation which is essential in the light of the fact that the affidavit had been submitted in a legal proceeding".

Summary of this case from Simon v. Potts

Opinion

April 15, 1957

Present — Wenzel, Acting P.J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.


In an action to recover damages for libel, the appeal is from an order granting a motion to dismiss the complaint for insufficiency. The statement upon which the action is based, as alleged in the complaint, was contained in an affidavit made by respondent, a physician, in an action for separation against the appellant. Order unanimously affirmed, with $10 costs and disbursements. The affidavit was made during the course of a judicial proceeding. The relevancy of the statement is necessarily implied on the further allegation in the complaint that the statement materially reduced appellant's chances of success in the separation action so that he consented to an adverse judgment. In any event, there is no factual allegation in the complaint showing that the statement was irrelevant, an allegation which is essential in the light of the fact that the affidavit had been submitted in a legal proceeding.


Summaries of

Zefferer v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1957
3 A.D.2d 856 (N.Y. App. Div. 1957)

In Zefferer v. Campbell (supra) the Appellate Division, Second Department affirming an order granting a motion to dismiss a complaint in libel for insufficiency stated as follows: "In any event, there is no factual allegation in the complaint showing that the statement was irrelevant, an allegation which is essential in the light of the fact that the affidavit had been submitted in a legal proceeding".

Summary of this case from Simon v. Potts
Case details for

Zefferer v. Campbell

Case Details

Full title:HERMAN ZEFFERER, Appellant, v. CARLETON CAMPBELL, Respondent

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

Date published: Apr 15, 1957

Citations

3 A.D.2d 856 (N.Y. App. Div. 1957)

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