Legal Opinion

Kent v. City of Buffalo

New York Court of Appeals

Decided November 18, 1971PublishedCited by 18 opinions

1Opinion of the Court

Order reversed, without costs, and the complaint dismissed in the following memorandum: We approve the rationale of the dissenting opinion at the Appellate Division and write only to note that upon application of the rule of Rosenbloom v. Metro-media (403 U. S. 29, 52), decided subsequent to the Appellate Division decision, we find the evidence too insubstantial to constitute “ clear and convincing proof that the defamatory falsehood was published with knowledge that it was false or with reckless disregard of whether it was false or not.” (and see Frink v. McEldowney, 29 N Y 2d 720).

Concur:…

2Cases cited1 opinion

  1. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971

3Cited by18 opinions

  1. Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
  2. Robert L. Cardillo v. Doubleday & Co., Inc.Court of Appeals for the Second Circuit · 1975
  3. Robart v. Post-StandardAppellate Division of the Supreme Court of the State of New York · 1980
  4. Cottom v. Meredith Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  5. Cappetta v. LippmanDistrict Court, S.D. New York · 1996

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