Opinion
March, 1927.
Order setting aside verdict and dismissing complaint, and judgment entered thereon, reversed upon the law, with costs, and verdict reinstated, with costs. We are of opinion that defendants' letter of complaint was libelous per se, especially in view of defendants' letter to plaintiff, written in advance of said libelous communication. If there were any doubt about the meaning of defendants' letter of complaint, the question was for the jury. Kelly, P.J., Manning, Young, Lazansky and Hagarty, JJ., concur.
Verdict was for $1,500 ordinary damages and for $500 punitive damages, making a total of $2,000 in an action for libel imputing dishonesty. For opinion of Trial Term see 127 Misc. 531. — [REP.