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KENT v. CITY OF BUFFALO

29 N.Y.2d 818 (1971)

Florence Kent, as Guardian ad Litem of Ronald Kent, et al., Respondents, v. City of Buffalo, Defendant, and Wben, Inc., Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Frank G. Raichle, Ralph L. Halpern and Alger A. Williams for appellant.

Courtland R. LaVallee for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order reversed, without costs, and the complaint dismissed in the following memorandum: We approve the rationale of the dissenting opinion at the Appellate Division and write only to note that upon application of the rule of Rosenbloom v. Metromedia (403 U.S. 29, 52), decided subsequent to the Appellate Division decision, we find the evidence too insubstantial to constitute "clear and convincing proof that the defamatory falsehood was...

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