Legal Opinion

Stepanov v. Dow Jones & Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 2014PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

Feinman, J.

Nearly two decades ago, the Court of Appeals acknowledged that there existed an open question under New York law regarding which test to apply to claims of defamation by implication, but did not reach the issue and concluded that the choice must “await another day” (Armstrong v Simon & Schuster, 85 NY2d 373, 381 [1995]). While no appellate court in this state has since addressed that particular issue, its day has finally come.

*31Plaintiffs, a Russian businessman and a company he founded (Midland Consult [Cyprus] Ltd.), claim that they were defamed in Bill Alpert’s…

2Cases cited13 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
  3. Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975
  4. Foster v. ChurchillNew York Court of Appeals · 1996
  5. Dillon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by78 opinions

  1. Elias v. Rolling Stone LLCCourt of Appeals for the Second Circuit · 2017
  2. Tannerite Sports, LLC v. NBCUniversal News GroupCourt of Appeals for the Second Circuit · 2017
  3. the Dallas Morning News, Inc. and Steve Blow v. John Tatum and Mary Ann TatumTexas Supreme Court · 2018
  4. Prakazrel Michel v. NYP Holdings, Inc.Court of Appeals for the Eleventh Circuit · 2016
  5. Franklin v. Daily Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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