Shenkman v. O'Malley
New York Supreme Court, Appellate Division
2 A.D.2d 567, 157 N.Y.S.2d 290 (1956)
- Written by Sarah Hoffman, JD
Facts
Samuel Shenkman (plaintiff) was a physician. Walter O’Malley (defendant) was the president of the Brooklyn Dodgers. Shenkman performed surgery on one of the Dodgers’ star players, Roy Campanella. Shenkman submitted a bill to both Campanella and the Dodgers, but both refused to pay the bill. Shenkman filed suit against O’Malley and made public statements through his lawyer that were published in two newspaper articles. The articles stated that the Dodgers and Campanella had refused to pay their obligations. In response, O’Malley issued a statement to the press claiming that Shenkman had performed an unnecessary surgery without informing Campanella beforehand about what the surgery would cost. O’Malley accused Shenkman of performing the surgery in order to make money off of Campanella, not because Campanella actually needed the surgery. Shenkman sued O’Malley for defamation. O’Malley raised several defenses, including a defense that may be raised if a defamatory statement was made as a reply to a defamatory attack. The trial court did not allow O’Malley to pursue this defense, among others. O’Malley appealed.
Rule of Law
Issue
Holding and Reasoning (Breitel, J.)
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