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JAMES v. GANNETT CO.

47 A.D.2d 437 (1975)

Samantha James, Appellant, v. Gannett Co., Inc., Respondent

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

April 23, 1975

Attorney(s) appearing for the Case

Charles A. Schiano (Charles Baisch of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (John B. McCrory of counsel), for respondent.

MOULE, J. P., and DEL VECCHIO, J., concur with SIMONS, J.; CARDAMONE and GOLDMAN, JJ., dissent and vote to affirm the order in an opinion by CARDAMONE, J.

SIMONS, J.

Plaintiff is a belly dancer. She earns her living by performing in nightclubs. In a feature article appearing in defendant's newspaper, it was suggested that plaintiff had another source of income. The article contained these two statements attributed to her: (1) "and she admits to selling her time to lonely old men with money, for as much as $400 per evening in one case `just to sit with him and be...

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