Poitier v. American Broadcasting Companies

Motion for leave to appeal to the Court of Appeals denied, with $20 costs. Concur — Birns, Lane, Sandler and Sullivan, JJ.; Lupiano, J. P., concurs in the following memorandum: I concur in result only, that is, in the denial of plaintiff-respondent’s motion for leave to appeal to the Court of Appeals. Even assuming we granted leave and the Court of Appeals entertained the appeal, the discretion of this court in reversing the order appealed from would not be an abuse as a matter of law because, assuming the correctness of my dissent (61 AD2d 905, 906-909), our reversal could well be predicated…