ANDERSON v. N. Y. TEL. CO.


42 A.D.2d 151 (1973)

Leroy Anderson, Appellant, v. New York Telephone Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 6, 1973.


Attorney(s) appearing for the Case

A. E. Schulgasser for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber (Charles Ryan Desmond of counsel), for respondent.

CARDAMONE and SIMONS, JJ., concur with GOLDMAN, P. J.; WITMER and MOULE, JJ., dissent and vote to affirm judgment in opinion by WITMER, J.


GOLDMAN, P. J.

Plaintiff appeals from a judgment dismissing his complaints on defendant's motion at the close of all the evidence upon the joint trial of his two libel actions. The appeal presents the question of the propriety of the trial court's action in denying the jury the right to pass upon the liability of defendant telephone company for the transmission by one of its subscribers of allegedly defamatory recorded messages concerning the plaintiff...

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