Opinion
June 20, 1949.
In an action by plaintiffs, husband and wife, against the defendants, to recover damages resulting from alleged acts of libel, slander and conversion, causes of action were alleged on behalf of the plaintiff wife against the defendant Simon for slander, and for conversion; against the defendant Schleimer for libel, and against the corporate defendant for the allegedly tortious acts committed by the individual defendants. The plaintiff husband alleged a cause of action against all defendants for loss of his wife's services allegedly resulting from their tortious acts. Defendants appeal from a judgment, entered upon the verdict of a jury, which awarded damages to the plaintiff wife on her causes of action for libel and slander against the individual defendants and against the corporation, and to the plaintiff husband on his cause of action. Judgment reversed on the law and the facts, and a new trial granted, with one bill of costs to appellants to abide the event. The finding implicit in the jury's verdict, that the alleged defamatory words were maliciously written and spoken by appellants, is contrary to the weight of the credible evidence, and there is no evidence in the record sufficient to sustain a finding that respondents suffered any special damages (cf. Garrison v. Sun Print. Pub. Assn., 207 N.Y. 1, and Wilson v. Goit, 17 N.Y. 442). The judgment, insofar as it awarded a recovery against the appellant Gotham Credit Corporation, supplementary to that awarded against appellants Simon and Schleimer, is contrary to law. Appeal, insofar as it is taken from orders made during trial denying appellants' motions to dismiss the complaint and to set aside the jury's verdict, dismissed, without costs. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.