John Prozeralik, Respondent,
v.
Capital Cities Communications, Inc., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 12, 1993.
Decided November 23, 1993.
Attorney(s) appearing for the Case
Cahill Gordon & Reindel, New York City (Floyd Abrams and Amy Glickman of counsel), Jaeckle, Fleischmann & Mugel, Buffalo (Ralph L. Halpern and Andrea R. Moore of counsel), and David L. Westin, New York City, and Marian D. Lindberg for appellant.
Cadwalader, Wickersham & Taft, New York City (John J. Walsh of counsel), Frank R. Bayger, Buffalo, and Sullivan, Benatovich, Oliverio & Trimboli, Buffalo (Richard T. Sullivan of counsel), for respondent.
Sabin, Bermant & Gould, New York City (Ralph P. Huber of counsel), Rogers & Wells (Richard N. Winfield, David A. Schulz, Thomas J. Lilly and Hilary Lane of counsel), Douglas P. Jacobs, Helen M. Gold, Stuart D. Karle, Muriel H. Reis, Barbara W. Wall, of the Virginia Bar, admitted pro hac vice, Robert J. Hawley, New York City, George Freeman, Harry M. Johnston III, Robin Bierstedt, Nicholas J. Jollymore, Henry L. Baumann and Steven A. Bookshester, of the District of Columbia Bar, admitted pro hac vice, Roberta Brackman, New York City, Alberto Ibarguen, Melville, Ren P. Milam, of the Virginia Bar, admitted pro hac vice, Tina A. Ravitz, New York City, Kenneth M. Vittor, Slade R. Metcalf, Chad E. Milton, of the Missouri Bar, admitted pro hac vice, Jane E. Kirtley, of the District of Columbia Bar, admitted pro hac vice, and Lankenau, Kovner & Kurtz, New York City (Victor A. Kovner of counsel), for Advance Publications, Inc., and others, amici curiae.
Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur with Judge BELLACOSA; Judge LEVINE dissents in part in a separate opinion.
Court of Appeals of the State of New York.
BELLACOSA, J.
In this defamation action, the plaintiff public figure won a multimillion dollar jury verdict against defendant, owner of a radio and television station. The Appellate Division affirmed the judgment by a 3 to 2 vote and defendant appealed as of right. We conclude that the order should be reversed and a new trial ordered, for the sole reason that the trial court's instructions to the jury on the...
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