COHN v. NATIONAL BROADCASTING CO., INC., 50 N.Y.2d 885 (1980)

430 N.Y.S.2d 265, 408 N.E.2d 672

ROY M. COHN et al., Appellants, v. NATIONAL BROADCASTING CO., INC., et al., Respondents.

Court of Appeals of the State of New York.Argued April 28, 1980
Decided June 5, 1980

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MAX BLOOM, J.

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Louis Biancone, John F. Lang, Vincent P. Nesci and Howard F. Husum for appellants.

John C. Sabetta for respondents.

MEMORANDUM.

The order appealed from should be affirmed for the reasons stated in the opinion of Mr. Justice FEIN at the Appellate Division (67 A.D.2d 140).

We agree with the court below that none of the individual passages of which plaintiffs complain are defamatory as to them. We would add only that in our view the cumulative effect of all of such passages cannot be said to be defamatory. While it is true that the courts “`will not strain’ to interpret [allegedly defamatory works] `in their mildest and most inoffensive sense to hold them nonlibelous'” (November v Time Inc., 13 N.Y.2d 175, 178, quoting Mencher v Chesley, 297 N.Y. 94, 99), it is also true that courts will not strain to find a defamatory interpretation where none exists (see Tracy v Newsday, Inc., 5 N.Y.2d 134).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.