Gaeta v. New York News Inc.

465 N.E.2d 802, 62 N.Y.2d 340, 10 Media L. Rep. (BNA) 1966, 477 N.Y.S.2d 82, 1984 N.Y. LEXIS 4349
CourtNew York Court of Appeals
DecidedJune 12, 1984
StatusPublished
Cited by90 cases

This text of 465 N.E.2d 802 (Gaeta v. New York News Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaeta v. New York News Inc., 465 N.E.2d 802, 62 N.Y.2d 340, 10 Media L. Rep. (BNA) 1966, 477 N.Y.S.2d 82, 1984 N.Y. LEXIS 4349 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Kaye, J.

This libel action, brought by a nonpublic figure against a newspaper publisher and reporter, tests the reach of Chapadeau v Utica Observer-Dispatch (38 NY2d 196). In Chapadeau this court held that “where the content of the article is arguably within the sphere of legitimate public concern, which is reasonably related to matters warranting public exposition,” a defamed party may recover damages only on a showing of gross irresponsibility (38 NY2d, p 199). Plaintiff asserts that defamatory statements about her, in an article concerning a State program which featured her former husband, fall outside the area defined by Chapadeau, and that a standard of simple negligence should determine defendant’s liability. We conclude both that the challenged statements are within Cha-padeau and that defendants were not grossly irresponsible, [346]*346and therefore reverse the order denying defendants’ motion for summary judgment and dismiss the complaint.

I

In July, 1977, defendant New York News Inc. published in the Daily News a series of five articles concerning the State’s program for transferring some 50,000 mental patients out of State mental hospitals, for continuing care in nursing homes. The series was written by defendant Marcia Kramer, a staff reporter. The fourth article, “Homing In On Institutions Where The Care Is Careless,” featured George Nies, a patient who had been transferred from a public mental hospital to a nursing home, and described his experiences in the home. The article opened as follows:

“When he was 41, George Nies, a Queens construction worker, suffered a nervous breakdown that psychiatrists said was precipitated by a messy divorce and the fact that his son killed himself because his mother dated other men.

“George was institutionalized, first in a Veteran’s Administration hospital and then in Creedmoor State Hospital for the mentally ill in Queens Village. After two years there, he appeared to be making progress.

“Then, without his family’s knowledge, state mental health officials discharged him and sent him to the Elm-hurst Manor Home for Adults, 100-30 Ditmars Boulevard, Flushing. Approximately half the residents of Elmhurst Manor are sane elderly men and women, the rest are discharged mental patients like George Nies.”

Plaintiff, Catherine Gaeta, the former wife of Nies, claims that the initial paragraph is false and defames her. She asserts that Nies did not suffer a nervous breakdown but that his hospital admission was precipitated by chronic alcoholism; that the divorce was not “messy” but was on consent; that their son did not commit suicide but died as a consequence of drug abuse long after his father’s initial hospitalization; that she did not date other men as alleged; and that none of the statements were made by psychiatrists. In her complaint plaintiff claims in addition that the statements were made with knowledge of their falsity or reckless disregard of the truth, and she seeks compensa[347]*347tory and punitive damages from the publisher and reporter.

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Bluebook (online)
465 N.E.2d 802, 62 N.Y.2d 340, 10 Media L. Rep. (BNA) 1966, 477 N.Y.S.2d 82, 1984 N.Y. LEXIS 4349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaeta-v-new-york-news-inc-ny-1984.