Legal Opinion

Brian v. Richardson

New York Court of Appeals

Decided November 29, 1995PublishedCited by 184 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

This defamation action concerns an article that was published on the Op Ed page of the New York Times on October 21, 1991. Although plaintiff alleged that the statement falsely accused him of participating in an illegal conspiracy, his complaint was dismissed on the theory that the publication was a nonactionable statement of the author’s opinion. The correctness of this determination depends on the proper application of the principles established in Immuno AG. v Moor-Jankowski (77 NY2d 235, cert denied 500 US 954), in which this Court held that both the…

2Cases cited6 opinions

  1. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  2. Steinhilber v. AlphonseNew York Court of Appeals · 1986
  3. Gross v. New York Times Co.New York Court of Appeals · 1993
  4. Immuno AG. v. Moor-JankowskiNew York Court of Appeals · 1991
  5. 600 West 115th Street Corp. v. Von GutfeldNew York Court of Appeals · 1992

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3Cited by184 opinions

  1. Tannerite Sports, LLC v. NBCUniversal News GroupCourt of Appeals for the Second Circuit · 2017
  2. Robert Davis v. James BoeheimNew York Court of Appeals · 2014
  3. Mann v. AbelNew York Court of Appeals · 2008
  4. Prakazrel Michel v. NYP Holdings, Inc.Court of Appeals for the Eleventh Circuit · 2016
  5. Biro v. Condé NastDistrict Court, S.D. New York · 2012

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