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BRIAN v. RICHARDSON

87 N.Y.2d 46 (1995)

660 N.E.2d 1126

637 N.Y.S.2d 347

Earl W. Brian, Appellant, v. Elliot L. Richardson, Respondent.

Court of Appeals of the State of New York.

Decided November 29, 1995.

Attorney(s) appearing for the Case

Camhy Karlinsky & Stein, New York City (Sheldon D. Camhy and Claudia E. Silbert of counsel), for appellant.

Milbank, Tweed, Hadley & McCloy, New York City (Toni C. Lichstein and Andrew J. Fields of counsel), for respondent.

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

TITONE, J.

This defamation action concerns an article that was published on the Op Ed page of the New York Times on October 21, 1991. Although plaintiff alleged that the statement falsely accused him of participating in an illegal conspiracy, his complaint was dismissed on the theory that the publication was a nonactionable statement of the author's opinion. The correctness of this determination depends on the...

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