11 A.D.2d 919 | N.Y. App. Div. | 1960
Plaintiff appeals from orders and a judgment of the Supreme Court which dismissed the second amended complaint as to each defendant on the ground that it failed to state a cause of action. The action is for libel. The gist of the complaint is that the individual defendant made certain statements, alleged to be defamatory, for the purpose of publication, and the corporate defendant published the alleged defamatory matter in two newspapers which it owns. The body of the complaint sets forth the alleged defamatory matter as follows: “ Adjourned from last Saturday when testimony was taken from Mr. Reoux’s wife, Rita, the hearing was held in Supreme Court Chambers in the Colvin Building before Supreme Court Justice J. Clarence Herlihy of Glens Falls * 18 9 Summary contempt proceedings against Mr. Reoux, requested last week by Ernest B. Morris of Albany, attorney for Mrs. Reoux, were also considered at today’s proceedings. According to Mr. Morris’ testimony, Mr. Reoux and his wife converted some of the securities into cash and have refused to reveal the whereabouts of the money. This constituted ‘ contumacious conduct’ in Mr. Morris’ opinion.” Attached to the complaint are