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RINALDI v. HOLT, RINEHART

42 N.Y.2d 369 (1977)

Dominic S. Rinaldi, Respondent, v. Holt, Rinehart & Winston, Inc., et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Carleton G. Eldridge, Jr., John M. Keene, III, and Jerry Slater for Holt, Rinehart & Winston, Inc., appellant.

Victor A. Kovner, Heather Grant Florence and Robert C. Bickford for Jack Newfield, appellant.

Irwin N. Wilpon for respondent.

Henry R. Kaufman, Ira M. Millstein and R. Bruce Rich for Association of American Publishers, Inc., and another, amici curiae.

Chief Judge BREITEL and Judges JONES, WACHTLER and COOKE concur with Judge JASEN; Chief Judge BREITEL concurs in a separate opinion in which Judge WACHTLER also concurs; Judge FUCHSBERG concurs in result only in another opinion; Judge GABRIELLI dissents in part and votes to modify in another opinion.

JASEN, J.

This is an action for defamation. The plaintiff is a Justice of the Supreme Court, Second Judicial District. His complaint alleges that he was libeled in the book, "Cruel and Unusual Justice", authored by defendant Jack Newfield and published by defendant Holt, Rinehart & Winston, Inc. After extensive pretrial discovery, defendants moved for summary judgment. Their motion was denied by Special Term...

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