Charles F. Schoepflin, Respondent v. Michael J. Coffey, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division's judgment and remanded for a new trial, holding that the complaint failed to state a cause of action for libel because it did not allege that the defendant caused the publication, and that the evidence was insufficient to show the defendant procured the publication. The court also ruled that the issue of complaint insufficiency could not be raised for the first time on appeal, and that the plaintiff could not rely on a statutory action under Penal Code §254a when the libel claim failed.