COLPITTS v. FINE


42 A.D.2d 551 (1973)

Cynthia K. Colpitts, Appellant, v. William M. Fine et al., Respondents

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

June 26, 1973


The letter written by William Fine, and the spoken words of his wife, when considered with the extrinsic facts pleaded in the complaint, accuse plaintiff of unlawfully taking an oil painting and, accordingly, it is claimed by plaintiff that they are defamatory per se. "A writing is defamatory — that is, actionable without allegation or proof of special damage — if it tends to expose a person to hatred, contempt or aversion, or to induce an evil or unsavory opinion...

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