Legal Opinion
Prozeralik v. Capital Cities Communications, Inc.
New York Court of Appeals
Decided November 23, 1993PublishedCited by 126 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
In this defamation action, the plaintiff public figure won a multimillion dollar jury verdict against defendant, owner of a radio and television station. The Appellate Division affirmed the judgment by a 3 to 2 vote and defendant appealed as of right. We conclude that the order should be reversed and a new trial ordered, for the sole reason that the trial court’s instructions to the jury on the falsity issue, involving particularly the retraction of earlier broadcasts, impermissibly withdrew from the jury crucial interrelated issues of credibility and actual…
2Cases cited11 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Harte-Hanks Communications, Inc. v. ConnaughtonSupreme Court of the United States · 1989
- Liberman v. GelsteinNew York Court of Appeals · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
- Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
- Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
- Purgess v. SharrockCourt of Appeals for the Second Circuit · 1994
- Carvel Corp. v. NoonanCourt of Appeals for the Second Circuit · 2003
121 more not listed; retrieve them via the Exa API.