Legal Opinion
Frink v. McEldowney
Appellate Division of the Supreme Court of the State of New York
Decided January 25, 1971PublishedCited by 7 opinions
1Opinion of the Court
No opinion. Munder, Acting P. J., Shapiro and Benjamin, JJ., concur; Martuseello and Brennan, JJ., dissent and vote to reverse the order and to deny the motion, with the following memorandum: On the basis of the affidavits and exhibits submitted on the motion, there are factual issues which cannot be resolved as to whether plaintiff is a “public official ” (New York Times Co. v. Sullivan, 376 U. S. 254) and, if so, as to whether the alleged libel was published in defendants’ newspaper with malice or reckless disregard for the truth. Our opinion in Gilberg v. Goffi (21 A D 2d 517) should not…
2Cases cited1 opinion
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
3Cited by7 opinions
- Optivision, Inc. v. Syracuse Shopping Center AssociatesDistrict Court, N.D. New York · 1979
- O'Neil v. Peekskill Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1986
- Southland Corp. v. MirDistrict Court, E.D. New York · 1990
- Harold Butler Enterprises 97, Inc. v. VanlandinghamOregon Supreme Court · 1973
- Ogden Development Corporation and the Dwight Building Company v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1974
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