Grobe v. Three Village Herald

Gulotta, J. (dissenting).

I dissent and vote to reverse the order and deny defendants’ motion.

Contrary to the views expressed by my brethren in the majority, it is my belief that there exists in this case a triable issue of fact as to whether the defendants acted in a "grossly irresponsible manner” (see Chapadeau v Utica Observer-Dispatch, 38 NY2d 196, 199) in researching, preparing and publishing the allegedly libelous article, and that therefore the motion for summary judgment should have been denied. Accordingly, I would reverse and remit the case for a plenary trial.

In order for a…