Legal Opinion

Barilla v. Meredith Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this defamation action alleging that defendant, a Syracuse television station, had falsely reported on the 6:00 p.m. news that plaintiff had been charged with rape. Supreme Court erred in denying defendant’s motion for summary judgment. Defendant met its initial burden of showing that the broadcast did not contain the words alleged by plaintiff, thereby shifting the burden to plaintiff to demonstrate the existence of a triable issue of fact (see, Zuckerman v City of New…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Grasso v. AngeramiNew York Court of Appeals · 1991
  3. Simms v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  4. Briggs v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. Ciccarelli v. Cotira, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Piazza v. D'AnnaAppellate Division of the Supreme Court of the State of New York · 2004
  3. Lehigh Construction Group, Inc. v. AlmquistAppellate Division of the Supreme Court of the State of New York · 1999

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