Legal Opinion

Cholowsky v. Civiletti

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

Decided October 6, 2009PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Chambers, J.

At issue here is whether the plaintiffs action to recover damages for libel based upon the publication of two articles by the defendant Times/Review Newspapers Corporation (hereinafter the defendant newspaper), which were written by the defendant Denise Civiletti, was properly dismissed.

In 2004 the plaintiff obtained a permit from the New York State Department of Environmental Conservation (hereinafter DEC) to operate a solid waste facility after incorrectly stating on his application that he was never convicted of a crime involving fraud, bribery, or an…

2Cases cited31 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
  4. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  5. Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975

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3Cited by37 opinions

  1. Biro v. Condé NastDistrict Court, S.D. New York · 2012
  2. Greenberg v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2017
  3. Friedman v. Bloomberg L.P.Court of Appeals for the Second Circuit · 2017
  4. Lan Sang v. Ming HaiDistrict Court, S.D. New York · 2013
  5. Fine v. ESPN, Inc.District Court, N.D. New York · 2014

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