Sweeny v. Orange County Publications Division of Ottaway Newspapers, Inc.

Appellate Division of the Supreme Court of New York

Sweeny v. Orange County Publications Division of Ottaway Newspapers, Inc.

78 A.D.2d 899, 433 N.Y.S.2d 213, 1980 N.Y. App. Div. LEXIS 13651

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

DecidedNovember 24, 1980

StatusPublished

This text of 78 A.D.2d 899 (Sweeny v. Orange County Publications Division of Ottaway Newspapers, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweeny v. Orange County Publications Division of Ottaway Newspapers, Inc., 78 A.D.2d 899, 433 N.Y.S.2d 213, 1980 N.Y. App. Div. LEXIS 13651 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a libel action, defendant Orange County Publications Division of Ottaway [900]*900Newspapers, Inc., appeals from an order of the Supreme Court, Queens County, dated September 28, 1979, which denied its motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, appellant’s motion is granted, and the complaint is dismissed. Summary judgment in favor of the appellant should have been granted. The first article which the plaintiff alleges is defamatory is a fair and true report of the investigation into ticket fixing conducted by the State Commissioner on Judicial Conduct. As such, it is absolutely privileged under section 74 of the Civil Rights Law. While the second article repeats the fact that the plaintiff was mentioned by the commission, the articles purpose was to report the plaintiff’s vehement denial of misconduct. This article is not defamatory and thus is not actionable. Hopkins, J. P., Titone, Mangano and Gibbons, JJ., concur.

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In a libel action, defendant Orange County Publications Division of Ottaway [900]*900Newspapers, Inc., appeals from an order of the Supreme Court, Queens County, dated September 28, 1979, which denied its motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, appellant’s motion is granted, and the complaint is dismissed. Summary judgment in favor of the appellant should have been granted. The first article which the plaintiff alleges is defamatory is a fair and true report of the investigation into ticket fixing conducted by the State Commissioner on Judicial Conduct. As such, it is absolutely privileged under section 74 of the Civil Rights Law. While the second article repeats the fact that the plaintiff was mentioned by the commission, the articles purpose was to report the plaintiff’s vehement denial of misconduct. This article is not defamatory and thus is not actionable. Hopkins, J. P., Titone, Mangano and Gibbons, JJ., concur.

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Bluebook (online)

78 A.D.2d 899, 433 N.Y.S.2d 213, 1980 N.Y. App. Div. LEXIS 13651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeny-v-orange-county-publications-division-of-ottaway-newspapers-inc-nyappdiv-1980.