Gilberg v. Goffi

Decision Date15 April 1965
Citation260 N.Y.S.2d 29,15 N.Y.2d 1023,207 N.E.2d 620
Parties, 207 N.E.2d 620 David C. GILBERG, Appellant, v. Ferrer F. GOFFI, Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Second Department, 21 A.D.2d 517, 251 N.Y.S.2d 823.

Action was brought for damages for alleged slander and libel.

The Supreme Court, Special Term, Westchester County, John J. Dillon, J., entered an order denying a cross motion by the defendant for summary judgment, and the defendant appealed.

The Appellate Division reversed the order, granted the cross motion, dismissed the complaint, and held that plaintiff, who was a partner in mayor's law firm, was not libeled or slandered by election speech of defendant that his opponents had not called for investigation of newspaper charges that the mayor's law firm was practicing in City Court under conditions showing conflict of interest or by defendant's newspaper letter stating that defendant had no interest in plaintiff's method of practicing law except as it concerned conduct of the city council and that charges should have been investigated. Beldock, P. J., dissented.

The plaintiff appealed to the Court of Appeals.

David C. Gilberg, Mount Vernon, appellant, pro se.

Harry Krauss, New York City, for respondent.

Order affirmed, with costs.

All concur.

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  • Belli v. Curtis Pub. Co.
    • United States
    • California Court of Appeals Court of Appeals
    • 10 d3 Maio d3 1972
    ...A.D.2d 837, 838, 278 N.Y.S.2d 25, 26; Gilberg v. Goffi (1964) 21 A.D.2d 517, 526--527, 251 N.Y.S.2d 823, 831, aff'd. (1965) 15 N.Y.2d 1023, 260 N.Y.S.2d 29, 207 N.E.2d 620; Silbowitz v. Lepper (1967) 55 Misc.2d 443, 446--447, 285 N.Y.S.2d 456, 459--461; Grabavoy v. Wilson (1967) 87 Ill.App.......
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    ...of standard bred horses); Gilberg v. Goffi, 21 A.D.2d 517, 251 N.Y.S.2d 823, 19 A.L.R.3d 1348 (1964), aff'd, 15 N.Y.2d 1023, 260 N.Y.S.2d 29, 207 N.E.2d 620 (1965) (Law partner of the mayor of a city where alleged false statement involved conflict of interest in practicing in local city cou......
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    • United States
    • New York Supreme Court — Appellate Division
    • 25 d5 Julho d5 1969
    ...Inc. v. Carl Ally, Inc., 29 A.D.2d 423, 288 N.Y.S.2d 556; Gilberg v. Goffi, 21 A.D.2d 517, 251 N.Y.S.2d 823, affd. 15 N.Y.2d 1023, 260 N.Y.S.2d 29, 207 N.E.2d 620; All Diet Foods Distrs. v. Time, Inc., 56 Misc.2d 821, 290 N.Y.S.2d 445; Sellers v. Time, Inc., 299 F.Supp. 582 (U.S.Dist.Ct., E......
  • Rinaldi v. Holt, Rinehart & Winston, Inc.
    • United States
    • New York Court of Appeals Court of Appeals
    • 14 d4 Julho d4 1977
    ...344 N.Y.S.2d 863, 873, 298 N.E.2d 52, 59, supra; Gilberg v. Goffi, 21 A.D.2d 517, 527, 251 N.Y.S.2d 823, 831, affd., 15 N.Y.2d 1023, 260 N.Y.S.2d 29, 207 N.E.2d 620, Bandelin v. Pietsch, Idaho, 563 P.2d 395 (1977).) After a thorough review of the extensive record compiled in this case, we a......
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