SCHERMERHORN v. ROSENBERG


73 A.D.2d 276 (1980)

Richard E. Schermerhorn, Respondent, v. Ron Rosenberg et al., Appellants

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

March 17, 1980


Attorney(s) appearing for the Case

Becker, Card, Levy & Richards, P. C. (Rodney A. Richards of counsel; Bruce O. Becker on the brief), for appellants.

Finkelstein, Mauriello, Kaplan & Levine, P. C. (Howard Karger of counsel), for respondent.

HOPKINS, DAMIANI, TITONE and MANGANO, JJ., concur.


MOLLEN, P. J.

In this action for libel and slander, we are again called upon to strike a balance between the constitutional requirement that freedom of expression be afforded its necessary "breathing space" and the right of a public official to protect his good name against false and defamatory publications. What separates this case from the ordinary, however, is the finding, implicit in the jury's verdict, that...

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