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Jee v. New York Post Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1999
260 A.D.2d 215 (N.Y. App. Div. 1999)

Opinion

April 13, 1999

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


Where, as here, defendants in a libel action brought by a public official have made out a prima facie entitlement to summary judgment, plaintiff has the burden of demonstrating with convincing clarity that the defamatory statements were motivated by actual malice ( see, Freeman v. Johnston, 84 N.Y.2d 52, 56-57, cert denied 513 U.S. 1016). Plaintiff, however, failed to meet this burden. Her challenges to defendant reporter's investigation and the credibility of the individuals who provided him with statements do not show with the requisite degree of clarity and persuasive force that defendants published the complained of statements with actual malice, i.e., that they knew the allegedly defamatory statements were false or that they published them with reckless disregard for the truth.

Concur — Rosenberger, J. P., Tom, Mazzarelli and Saxe, JJ.


Summaries of

Jee v. New York Post Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 1999
260 A.D.2d 215 (N.Y. App. Div. 1999)
Case details for

Jee v. New York Post Co.

Case Details

Full title:JEAN C. JEE, Appellant, v. NEW YORK POST CO., INC., et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 13, 1999

Citations

260 A.D.2d 215 (N.Y. App. Div. 1999)
688 N.Y.S.2d 49

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