Salomone v. Macmillan Publishing Company
New York Supreme Court
411 N.Y.S.2d 105 (1978)
- Written by Mary Phelan D'Isa, JD
Facts
Alphonse W. Salomone (plaintiff) sued the Macmillan Publishing Company (publisher) (defendant) for libel in the publication of an updated parody version of the children’s literary classic Eloise, entitled Eloise Returns. Salomone was the real-life manager of the Plaza Hotel where the children’s character adventured. In the updated parody, which is four pages in a book entitled The First Collection of Humor by Women, Eloise is now 26, still lives at the Plaza Hotel, and has grown into a sophisticated, uninhibited, and sexy young woman. The parody features Salomone’s name on the cover that depicts a mirror with lipstick-scrawled graffiti that, among other things, says: “Mr. Salomone was a child molester!!” Salomone was enraged and sought $1,000,000 in damages for what he contended was libel per se. The publisher, asserting the defense of humor, moved for summary judgment. Salomone insisted the words are libelous per se and could not possibly be construed as humorous and urged the court to deny the publisher’s summary judgment motion. Because Salomone pleaded no special damages, if Salomone’s claim is not libel per se, it must be dismissed.
Rule of Law
Issue
Holding and Reasoning (Edward J. Greenfield, J.)
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