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FREEMAN v. JOHNSTON

84 N.Y.2d 52 (1994)

637 N.E.2d 268

614 N.Y.S.2d 377

Brian M. Freeman, Appellant, v. Moira Johnston, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Morrison Cohen Singer & Weinstein, New York City (Jonathan W. Lubell and Arlene R. Smoler of counsel), for appellant.

Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin, New York City (Slade R. Metcalf and Mark H. Jackson of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

In this action for defamation, the question is whether summary judgment was correctly granted to defendant dismissing the complaint. We agree with the Appellate Division that the evidence was insufficient to allow a rational fact finder to find actual malice by clear and convincing evidence.

This controversy arises from the publication of defendant Moira Johnston's book, "Takeover — The...

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