Legal Opinion
Smith v. United Church Ministry, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995PublishedCited by 8 opinions
1Opinion of the Court
*1039—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In a letter to plaintiffs employer, defendant Raymond L. Graves referred to plaintiff as "the killer of Calvin Green.” It is not disputed that plaintiff, while a City of Rochester police officer, shot and killed Calvin Green during a pursuit. A Grand Jury cleared plaintiff of any criminal wrongdoing in the case. Plaintiff contends that the term "killer” is reasonably susceptible of a defamatory meaning (see, Weiner v Doubleday & Co., 74 NY2d 586, 592, cert denied 495 US…
2Cases cited4 opinions
- Silsdorf v. LevineNew York Court of Appeals · 1983
- Weiner v. Doubleday & Co.New York Court of Appeals · 1989
- Park v. Capital Cities Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Schwartzberg v. MongiardoAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Enigma Software Group USA, LLC v. Bleeping Computer LLCDistrict Court, S.D. New York · 2016
- Dec v. Auburn Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Cooper v. HodgeAppellate Division of the Supreme Court of the State of New York · 2006
- Heins v. Board of Trustees of the Incorporated Village of GreenportAppellate Division of the Supreme Court of the State of New York · 1997
- Proskin v. Hearst Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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