RUPERT v. SELLERS


65 A.D.2d 473 (1978)

Philip D. Rupert, Jr., et al., Respondents, v. Charles J. Sellers, Jr., et al., Appellants

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

December 15, 1978


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Lewis A. Kaplan and Richard Kurnit of counsel) and Watson, McGarvey, Hetzelt & Bennett (Joseph L. Watson of counsel), for appellants.

Harris, Beach, Wilcox, Rubin & Levey (James M. Hartman, Edward H. Fox and Douglas S. Gates of counsel), for respondents.

DILLON and HANCOCK, JR., JJ., concur with SIMONS, J.; CARDAMONE, J., concurs in a separate opinion; MOULE, J. P., not participating.


SIMONS, J.

The members of this court are unanimous in their opinion that the plaintiffs are entitled to recover in this action, and the opinion of Justice CARDAMONE ably sets forth our resolution of the several issues presented by the parties. Three of us, however, do not find it necessary to predicate our decision upon the Supreme Court's ruling that there may be no liability without fault in certain defamation...

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