Carlucci v. Poughkeepsie Newspapers, Inc.
Harold Carlucci Et Al., Plaintiffs, and Osborne Hill Grocery, Inc., Appellant, v. Poughkeepsie Newspapers, Inc., Et Al., Respondents
Opinion
OPINION OF THE COURT Memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs.
*885 We do not reach the issue of gross irresponsibility decided by the Appellate Division because we conclude, as a matter of law, that the article was not of and concerning the corporation. The reading public acquainted with the parties and the subject (see Sydney v Macfadden Newspaper Pub. Corp., 242 NY 208, 214 ) could not take the article, which never mentioned the corporation, stated that the individual named was the owner of the store and referred only to his gambling activity, as “of and concerning” the corporation, the more particularly because a corporation cannot be arrested.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(concluding that statements about corporation’s owner’s gambling activity without mentioning corporation were not “of and concerning” corporation)
Cited by 34 cases
View all citing references →- U.S. Courts of Appeals5
- Federal District Courts7
- Bankruptcy Courts1
- State Highest Courts2
- State Appellate Courts18
- State Trial Courts1
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