Legal Opinion

Alcor Life Extension Foundation v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 2016No. 159 113938/09PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 6, 2014, which granted defendants Vanguard Press, Inc.’s and Scott Baldyga’s motions for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

As the motion court found, all the allegedly false and defamatory statements in the book written by defendant Baldyga and published by defendant Vanguard are related to plaintiff’s cryogenic business, which plaintiff publicized, and, therefore, all of those statements are subject to the actual malice standard of proof in a libel action (see…

2Cases cited3 opinions

  1. James v. Gannett Co.New York Court of Appeals · 1976
  2. Kipper v. NYP Holdings Co.New York Court of Appeals · 2009
  3. Hirschfeld v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Alpine Custom Floors, Inc. v. YurcisinAppellate Division of the Supreme Court of the State of New York · 2022
  2. Alpine Custom Floors, Inc. v. YurcisinAppellate Division of the Supreme Court of the State of New York · 2022
  3. Rosen v. Price ChopperAppellate Division of the Supreme Court of the State of New York · 2025
  4. Rosen v. Price ChopperAppellate Division of the Supreme Court of the State of New York · 2025

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