Opinion · New York Court of Appeals
Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia
Commonwealth Motor Parts Ltd. v. Bank of N.S., 37 N.Y.2d 824 (New York Court of Appeals 1975)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1975-10-16
- Topic
- litigation
How later courts describe this case
- same in pure slander case
Citator
UpLaw has not yet analyzed Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia. The absence of a flag is not a finding that it is good law.
- Cited by
- 16 opinions
Memorandum. The order of the Appellate Division should be affirmed.
The alleged libelous communication was from one banking institution to another relative to the banking affairs of a customer of both institutions as to which each had a direct
Similarly with respect to the intentional tort alleged in the fourth cause of action, plaintiff raises no triable issue of fact as to intent on the part of defendant to injure plaintiffs. Nor is there any allegation in pleadings or supporting papers of special damages.
In these circumstances defendant’s motion for summary judgment was properly granted as to the first, second,, and fourth causes of action. We do not reach the other defenses advanced by defendant.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, with costs, in a memorandum.