Alicea v. Ogden Newspapers, Inc.

115 A.D.2d 233, 495 N.Y.S.2d 845, 1985 N.Y. App. Div. LEXIS 54478

Opinion

Order unanimously reversed, on the law, without costs, and defendant’s motion granted. Memorandum: Defendant incorrectly reported that plaintiff was convicted of sale of a controlled substance, when in fact, after a trial on such charges, he has been convicted of the lesser crime of possession. A retraction was printed. Defendant’s motion for summary judgment dismissing plaintiff’s action should have been granted because plaintiff failed to show any evidence that defendant had acted in a grossly irresponsible manner, an essential element of his cause of action (see, Chapadeau v Utica Observer-Dispatch, 38 NY2d 196). (Appeals from order of the Supreme Court, Chautauqua County, Ricotta, J.—libel.) Present—Dillon, P. J., Callahan, Denman, Boomer and Pine, JJ.