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Pellegrino v. the Buffalo News, Inc. [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 841 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Order of Supreme Court, Erie County, Notaro, J. — Summary Judgment.

PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.


Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Defendant newspaper incorrectly reported, in a story written by defendant reporter, that plaintiff had pleaded guilty to a felony when, in fact, plaintiff had pleaded guilty to a misdemeanor. In this libel action, Supreme Court erred in granting plaintiff's motion for summary judgment on the issue of liability and in denying defendants' cross motion for summary judgment dismissing the complaint. Even assuming, arguendo, that plaintiff is a private rather than a public figure, we conclude that plaintiff failed to present evidence in support of the motion sufficient to establish that defendants "had acted in a grossly irresponsible manner, an essential element of his cause of action" ( Alicea v. Ogden Newspapers, 115 A.D.2d 233, affd 67 N.Y.2d 862; see also, Chapadeau v. Utica Observer-Dispatch, 38 N.Y.2d 196, 199), nor did he raise an issue of fact sufficient to defeat the cross motion. In light of our determination, we do not reach the additional arguments raised by defendants.


Summaries of

Pellegrino v. the Buffalo News, Inc. [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 841 (N.Y. App. Div. 1999)
Case details for

Pellegrino v. the Buffalo News, Inc. [4th Dept 1999

Case Details

Full title:SALVATORE J. PELLEGRINO, PLAINTIFF-RESPONDENT, v. THE BUFFALO NEWS, INC.…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 841 (N.Y. App. Div. 1999)
696 N.Y.S.2d 740

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