Levy v. Davenport — 233 N.Y. 533

Majority

p. 533

Joseph M. Levy, Appellant, v. Sebert E. Davenport, Jr., Respondent.

Headnote

Libel — sufficiency of allegation of publication ■— voting for a resolution not a publication thereof.

Levy v. Davenport, 196 App. Div. 940 , affirmed.

(Argued February 27, 1922;

decided March 14, 1922.)

Appeal from a judgment, entered October 25, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an order of Special Term granting a motion by defendant for judgment on the pleadings. The action was for libel, and was based upon a certain resolution alleged to have been passed by the board of directors of the First District Dental Society$ of which this defendant is a member.

p. 534

The alleged defamatory resoluton read as follows: “ Since it is the opinion of the Board of Directors of the First District Dental Society of the State of New York that Dr. Joseph M. Levy has acted in a manner prejudicial to the best interests of the Dental Profession, his resignation as a member of this society is hereby respectfully requested.” The trial court held that there was no sufficient allegation of publication; that voting for the resolution was not a publication by defendant.

Otto C. Sommerich and Maxwell C. Katz for appellant.

J. Fearon Brown and Chester W. Cuthell for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Dissenting: Cardozo, J.