Segall v. Piazza
| Decision Date | 15 June 1965 |
| Citation | 260 N.Y.S.2d 543,46 Misc.2d 700 |
| Parties | Bernard SEGALL, Plaintiff, v. Caroline A. PIAZZA, Defendant. |
| Court | New York Supreme Court |
Lee Feltman, New York City, for plaintiff.
Timothy M. Taylor, New York City, for defendant.
This action was tried by the court without a jury.
Plaintiff has been an Industrial Arts teacher in the New York City school system for approximately 17 years. Defendant is the mother of one of plaintiff's former pupils. In this action for libel, plaintiff seeks damages for 'injury to his credit and reputation and his standing in the community' and 'great mental pain and anguish'.
On February 14, 1964, defendant visited the principal of the school at his office to complain and investigate an incident which her son Charles told her took place in school on the day before. The principal called plaintiff to his office. In the presence of defendant and her son, plaintiff was informed by the principal that he had received an oral complaint from defendant and her son that on February 13, 1964 plaintiff, while correcting the schoolwork of Charles, grabbed him by the neck and pushed his head into the desk, causing his nose to bleed. Plaintiff denied that such an incident took place. The principal requested defendant to write a letter concerning the incident and submit it to him. This letter, dated February 15, 1964, is the writing on which this libel action is predicated. It reads as follows:
On Thursday, February 13, 1964, my son, Charles Piazza, arrived from school hysterical and upset. His nose was bleeding profusely. Before I could even ask him what had happened, he begged me to come up to his school * * * as his shop teacher, Mr. Segall [plaintiff], had banged his head against the desk several times thus causing his nose to bleed.
* * *
* * *
He told me that he had received instructions during his 8th period from Mr. Segall on mechanical drawing. His assignment was to make something 2 1/4" nose began to bleed but he remained seated and said nothing until it was time to be dismissed, which was approximately 15 minutes. He then came home, his nose still bleeding badly.
On Friday, February 14, 1964, I went to the school to speak to the principal, Dr. Charles Tanzer, and to investigate the matter further. Mr. Segall was called in. Immediately after hearing my son's account of the incident, he asked my son, 'Did you report the fact that you had a bloody nose to me?' My son replied that he had not. Dr. Tanzer thereupon asked Mr. Segall if he had pushed Charles' head against the desk. Mr. Segall replied that he had not.
I have heard from children who have been pupils in Mr. Segall's class in the past, that he has been abusive to his pupils on other occasions. However, this is heresay [sic] and I cannot attest to these allegations.'
This letter was placed in plaintiff's personal file at the school.
On the trial of this action, plaintiff testified that the accusation was false; that since the incident he had suffered mental anguish which resulted in many sleepless nights; that teachers were discussing the incident any saying that he was in trouble; that teachers withdrew and changed the subject of conversation when he approached them; and that he feared that the false statement would interfere with his promotional opportunities and pay increases.
Of important significance is the testimony of Keith Salinger, a student who sat next to Charles in the classroom on February 13, 1964. He testified that plaintiff made corrections on his work and then on Charles' papers; that he did not see or hear plaintiff beat Charles; that he did not see Charles' nose bleeding; that he and Charles returned to their home room together and he did not see...
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...made to the proper authorities about the conduct of public officials. Keeton et al., supra, § 115, at 830–31 (citing Segall v. Piazza, 46 Misc.2d 700, 260 N.Y.S.2d 543 (Sup.Ct.Queens Cnty.1965) (concerning complaint made to school principal about conduct of teacher, but describing the privi......
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...applicable to protect statements documenting teacher's "culturally insensitive" remarks in classroom); Segall v. Piazza, 46 Misc.2d 700, 702, 260 N.Y.S.2d 543 (N.Y.Sup.Ct.1965) (applying defense of privilege in defamation action brought by teacher against a student's parent); Lail v. Madiso......
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