James v. Powell

Citation14 N.Y.2d 881,200 N.E.2d 772,252 N.Y.S.2d 87
Parties, 200 N.E.2d 772 Esther JAMES, Respondent, v. Adam Clayton POWELL, Jr., Appellant.
Decision Date10 July 1964
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 689, 246 N.Y.S.2d 998.

Action was brought for damages for allegedly slanderous statements made concerning plaintiff by defendant, who was a member of Congress, while he was being interviewed on a television program. The defendant stated during the program that the plaintiff was a 'bag woman' for certain police department.

The Supreme Court, Special and Trial Term, New York County, Thomas A. Aurelio, J., entered a judgment for the plaintiff on a verdict for $11,500 compensatory damages and $200,000 punitive damages, and the defendant appealed.

The Appellate Division entered an order reversing the judgment on the law and the facts and in the exercise of discretion and granted a new trial unless the plaintiff should stipulate to reduce the verdict to $11,500 in compensatory damages and $35,000 in punitive damages. The plaintiff so stipulated, and the judgment was reduced accordingly and, as reduced, was affirmed.

The defendant appealed to the Court of Appeals.

Chance & Mitchell, New York City, for defendant-appellant.

Raymond Rubin, New York City, for plaintiff-respondent.

Order affirmed, with costs.

All concur.

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10 cases
  • Stukuls v. State
    • United States
    • New York Court of Appeals
    • July 7, 1977
    ...... Further, the subject of the communication must be relevant to the matter at issue (see James v. Powell, 14 N.Y.2d 881, 252 N.Y.S.2d 87, 200 N.E.2d 772). Thus, while Dr. Corey's statements before the committee are protected by absolute ......
  • Board of Ed. of City of Buffalo v. Buffalo Council of Sup'rs and Administrators
    • United States
    • New York Supreme Court Appellate Division
    • May 21, 1976
    ......Counsel, Buffalo (Anthony Vacaro, Buffalo, of counsel), for appellant.         Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo (Richard Lipsitz, Buffalo, of counsel), for respondent. Page 733.         Before MARSH, P.J., and CARDAMONE, SIMONS, MAHONEY and ... He may still be sued if the subject of the communication is unrelated to any matters within his competence (see James v. Powell, 14 N.Y.2d 881, 252 N.Y.S.2d 87, 200 N.E.2d 772) or if the form of the communication--e.g., a public statement--is totally unwarranted. (See Cheatum ......
  • Trails West, Inc. v. Wolff
    • United States
    • New York Court of Appeals
    • April 26, 1973
    ...... urge that the defendants may not avail themselves of their Congressional privilege (of absolute immunity) off the floor of Congress, citing James v. Powell (14 N.Y.2d 881, 252 N.Y.S.2d 87, 200 N.E.2d 772) and Cheatum v. Wehle (5 N.Y.2d 585, 593--594, 186 N.Y.S.2d 606, 611--613, 159 N.E.2d 166, ......
  • James v. Powell
    • United States
    • New York Court of Appeals
    • March 2, 1967
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