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TRACY v. NEWSDAY, INC.

5 N.Y.2d 134 (1959)

John D. Tracy, Respondent, v. Newsday, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided January 8, 1959.

Attorney(s) appearing for the Case

Andrew L. Hughes and James W. Rodgers for appellants.

Louis Jay Brecher and Maurice Freiman for respondent.

Judges DYE, FULD and FROESSEL concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Chief Judge CONWAY and Judge DESMOND concur.

BURKE, J.

One Ivan Jerome, who was required to stand trial for various sex offenses, failed to appear on the appointed day and forfeited his bail. On the following day the allegedly defamatory article appeared in the defendant's paper, Newsday. Respondent sues for libel claiming that the article identifies him as the man who aided Jerome "in jumping his bail and assisted him to escape the consequences of...

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