KENT v. CITY OF BUFFALO


36 A.D.2d 85 (1971)

Florence Kent, as Guardian ad Litem of Ronald Kent, et al., Respondents, v. City of Buffalo, Defendant, and WBEN, Inc., Appellant

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

February 18, 1971.


Attorney(s) appearing for the Case

Raichle, Banning, Weiss & Halpern (Frank G. Raichle of counsel), for appellant.

Moot, Sprague, Marcy, Landy & Fernbach (Courtland R. LaVallee of counsel), for respondents.

GABRIELLI and HENRY, JJ., concur with DEL VECCHIO, J. P.; MOULE, J., dissents and votes to reverse and dismiss the complaint, in opinion.


DEL VECCHIO, J. P.

Defendant appeals from a $5,000 jury verdict in an action for libel.

On Saturday, July 1, 1961, at about 7:00 P.M. an armed robbery was committed by four men. Three were quickly apprehended and taken to a Buffalo precinct. Plaintiff, walking home in the vicinity of the robbery, was picked up by the police, handcuffed and also taken to the precinct. While plaintiff was giving the police...

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