GROBE v. THREE VIL. HERALD


69 A.D.2d 175 (1979)

Henry H. Grobe, Appellant, v. Three Village Herald et al., Respondents

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

August 6, 1979


Attorney(s) appearing for the Case

Naidich & Smolev, P. C. (Stanley Pierce of counsel), for appellant.

Lankenau Kovner & Bickford (Victor A. Kovner and Harriette K. Dorsen of counsel), for respondents.

HOPKINS, J. P., SUOZZI and COHALAN, JJ., concur in Per Curiam opinion; GULOTTA, J., dissents and votes to reverse the order and deny the motion, with an opinion.


Per Curiam.

Plaintiff seeks to recover damages for libel. He appeals from an order which granted defendants' motion for summary judgment. The order should be affirmed.

Following a collision between plaintiff and a 13-year-old boy, while the boy was riding a bicycle in the shopping mall of which plaintiff was a major shareholder, plaintiff allegedly struck the child "about the face and his side with his hands...

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