DeVito v. Johnson Newspaper Corp.

Order unanimously affirmed with costs. Memorandum: County Court properly granted summary judgment to plaintiff on liability on her cause of action for breach of contract. Contrary to defendant’s contention, the breach of contract cause of action is not barred by the First Amendment of the US Constitution (see, Cohen v Cowles Media Co., 501 US 663, 669-670) or article I (§ 8) of the NY Constitution (see, Doe v American Broadcasting Cos., 152 AD2d 482, appeal dismissed 74 NY2d 945; Anderson v Strong Mem. Hosp., 151 Misc 2d 353). The court’s failure to rule explicitly on defendant’s motion or on…