Fairley v. Peekskill Star Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
To defeat a motion for summary judgment by a media defendant in a libel action, the plaintiff must demonstrate that genuine and material questions of fact exist concerning the challenged elements of the cause of action. The plaintiff must also show that he can establish those elements at trial by the appropriate burden of proof (cf. Di Lorenzo v New York News, 81 AD2d 844). In this action, the plaintiff has asserted that an entire article published by the Peekskill Evening Star on January 28, 1975 is libelous.
*295The article was entitled “Only slim chance seen for…
2Cases cited13 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Time, Inc. v. FirestoneSupreme Court of the United States · 1976
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
- James v. Gannett Co.New York Court of Appeals · 1976
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3Cited by37 opinions
- Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Samuel Albert v. Salmen Loksen, Brooklyn Hospital and Karen BuonoCourt of Appeals for the Second Circuit · 1999
- Chau v. LewisCourt of Appeals for the Second Circuit · 2014
- Robert C. Guccione v. Hustler Magazine, Inc. And Flynt Distributing Company, Inc., DefendantsCourt of Appeals for the Second Circuit · 1986
- Netzer v. Continuity Graphic Associates, Inc.District Court, S.D. New York · 1997
32 more not listed; retrieve them via the Exa API.