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FISCHER v. POST-STANDARD CO.

14 A.D.2d 130 (1961)

Henry F. Fischer, Jr., Respondent, v. Post-Standard Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961.

Attorney(s) appearing for the Case

John C. Kinney of counsel (Bond, Schoeneck & King, attorneys), for appellant.

Adam R. Palmer for respondent.

GIBSON and HERLIHY, JJ., concur with REYNOLDS, J.; BERGAN, P. J., dissents and votes to reverse and dismiss the complaint in opinion.

REYNOLDS, J.

Respondent is the District Attorney of Franklin County and a member of the New York Bar. On June 13, 1959 appellant, the owner and publisher of "The Post-Standard", a newspaper published in Syracuse and having a general circulation in New York State including Franklin County, printed an article captioned "D A PULLS `STAR CHAMBER' HEARING IN SLAYING". The article described the circumstances surrounding...

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