Legal Opinion · Dissent
Gaeta v. New York News, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 18, 1983Published
1Dissent
Kupferman, J. P.
(dissenting). While in the law of defamation, the decisions “are not entirely consistent”1 and may indeed be inconsistent,2 certain principles are at least currently well established and can be applied to the matter at hand.
The plaintiff complains of the lead paragraph in a news story, one of a series that appeared in the New York Daily News on abuses of patients who had been discharged from mental hospitals into nursing homes:
“When he was 41, George Nies, a Queens construction worker, suffered a nervous breakdown that psychiatrists said was precipitated by a messy divorce and…
2Cases cited14 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
- James v. Gannett Co.New York Court of Appeals · 1976
- Arrington v. New York Times Co.New York Court of Appeals · 1982
- Karaduman v. Newsday, Inc.New York Court of Appeals · 1980
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