green
Positive treatment
15.1 score
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
cited
Cited as authority (rule)
August Constr. Group, Inc. v. DeGroat
Broadcasting Co., Inc. , 50 NY2d 885, 887 [1980]; Dillon at 38 ; Fairley at 296 ).
discussed
Cited as authority (rule)
Lindell v. Mail Media, Inc.
Co., 408 N.E.2d 672, 673 (N.Y. 1980) (directing courts not to “strain to find a defamatory interpretation where none exists”).
cited
Cited as authority (rule)
Al Hirschfeld Foundation v. Margo Feiden Galleries
Nat'l Broadcasting Co., Inc., 50 N.Y.2d 885, 887 (1980) (citation omitted).
discussed
Cited as authority (rule)
Greenberg v. Spitzer
Indeed, there may well have been legitimate reasons for the call, and a reasonable reader would not jump to the conclusion that Greenberg was asking anyone to break the law (see Cohn v National Broadcasting Co., 50 NY2d 885, 887 [1980] [“courts will not strain to find a defamatory interpretation where none exists”]).
discussed
Cited as authority (rule)
Three Amigos SJL Rest., Inc. v. CBS News Inc.
(2×)
One need not “strain” to discern this interpretation (Cohn v National Broadcasting Co., 50 NY2d 885, 887 [1980], cert denied 449 US 1022 [1980]), which is at least as plausible as the one adopted by the majority here—namely, that defendants’ remark meant only that the club was “used by the Mafia to carry out a larger trafficking scheme” (majority op at 87).
cited
Cited as authority (rule)
Lenz v. Young
Co., 50 N.Y.2d 885 , 430 N.Y.S.2d 265 , 408 N.E.2d 672, 673 (1980), and neither will we.
discussed
Cited "see, e.g."
Reeves v. Associated Newspapers, Ltd.
(2×)
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc. , 28 NY3d 82 , 86-87 [2016]; see also Cohn v National Broadcasting Co. , 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
discussed
Cited "see, e.g."
Reeves v. Associated Newspapers, Ltd.
(2×)
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc. , 28 NY3d 82 , 86-87 [2016]; see also Cohn v National Broadcasting Co. , 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
discussed
Cited "see, e.g."
Karl Reeves, C.E.I.N.Y. Corp. v. Associated Newspapers, Ltd.
(2×)
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc. , 28 NY3d 82 , 86-87 [2016]; see also Cohn v National Broadcasting Co. , 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
discussed
Cited "see, e.g."
Karl Reeves, C.E.I.N.Y. Corp. v. Associated Newspapers, Ltd.
(2×)
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc. , 28 NY3d 82 , 86-87 [2016]; see also Cohn v National Broadcasting Co. , 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
discussed
Cited "see, e.g."
Karl Reeves, C.E.I.N.Y. Corp. v. ASSOCIATED NEWSPAPERS, LTD
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc ., 28 NY3d 82, 86-87 [2016]; see also Cohn v National Broadcasting Co ., 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
discussed
Cited "see, e.g."
Karl Reeves, C.E.I.N.Y. Corp. v. ASSOCIATED NEWSPAPERS, LTD
The prima facie tort claim, insofar as asserted by Consolidated, fails because the basis of the tort, the alleged defamatory statements made about its CEO, were not "of and concerning" Consolidated ( Three Amigos SJL Rest., Inc. v CBS News Inc ., 28 NY3d 82, 86-87 [2016]; see also Cohn v National Broadcasting Co ., 67 AD2d 140, 146 [1st Dept 1979], affd 50 NY2d 885 [1980], cert denied 449 US 1022 [1980]).
Retrieving the full opinion text from the archive…
Roy M. Cohn
v.
National Broadcasting Co., Inc.
v.
National Broadcasting Co., Inc.
New York Court of Appeals.
Jun 5, 1980.
APPEARANCES OF COUNSEL, Louis Biancone, John F. Lang, Vincent P. Nesci and Howard F. Husum for appellants., John C. Sabetta for respondents.
Cited by 32 opinions | Published
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed for the reasons stated in the opinion of Mr. Justice Fein at the Appellate Division (67 AD2d 140).
We agree with the court below that none of the individual passages of which plaintiffs complain are defamatory as to them. We would add only that in our view the cumulative effect of all of such passages cannot be said to be defamatory. While it is true that the courts " 'will not strain’ to interpret [allegedly defamatory works] 'in their mildest and most inoffensive sense to hold them nonlibelous’ ” (November v Time Inc., 13 NY2d 175, 178, quoting Mencher v Chesley, 297 NY 94, 99), it is also true that courts will not strain to find a defamatory interpretation where none exists (see Tracy v Newsday, Inc., 5 NY2d 134).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.