ROMER v. PORTNICK


78 Misc.2d 404 (1974)

Steven J. Romer, Plaintiff, v. Gertrude Portnick et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

May 3, 1974


Attorney(s) appearing for the Case

David Halperin for plaintiff. Reuben A. Katz for defendants.


BENTLEY KASSAL, J.

This is an action for defamation, founded upon separate allegations of slander and libel. Two questions of law have been presented by posttrial motions. First, is there a publication of defamatory statements if the plaintiff and the defendant's spouse be the only persons who heard the defendant utter the words? Second, are the statements made herein defamatory as a matter of law?

The essential fact pattern is simple: Defendant...

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