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FAIRLEY v. PEEKSKILL STAR

83 A.D.2d 294 (1981)

Charles H. Fairley, Respondent, v. Peekskill Star Corporation et al., Appellants

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

November 16, 1981

Attorney(s) appearing for the Case

Olwine, Connelly, Chase, O'Donnell & Weyher (James E. Tolan, Erica B. Baird and Terrence J. O'Rourke of counsel), for appellants.

Babchak, Daly & Lavery (Hugh A. Lavery, Jr., of counsel), for respondent.

HOPKINS, J. P., MANGANO and MARGETT, JJ., concur.

WEINSTEIN, J.

To defeat a motion for summary judgment by a media defendant in a libel action, the plaintiff must demonstrate that genuine and material questions of fact exist concerning the challenged elements of the cause of action. The plaintiff must also show that he can establish those elements at trial by the appropriate burden of proof (cf. Di Lorenzo v New York News, 81 A.D.2d 844). In this action, the...

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