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RINALDI v. VIKING PENGUIN

52 N.Y.2d 422 (1981)

Dominic S. Rinaldi, Appellant-Respondent, v. Viking Penguin, Inc., Appellant, et al., Defendant, Jack Newfield et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Irwin N. Wilpon for appellant-respondent.

Martin Garbus, Arthur J. Ginsburg and Lois F. Wasoff for appellant.

Victor A. Kovner, Harriette K. Dorsen and Josephine Lea Iselin for respondents.

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

FUCHSBERG, J.

This case for libel, brought by Dominic S. Rinaldi, now a retired New York State Supreme Court Justice, against Viking Penguin, Inc.,1 the publisher of a book entitled "The Abuse of Power", and its coauthors Jack Newfield and Paul Du Brul, in the main requires us to consider (1) whether, under the relevant circumstances, there can be said to have been a republication...

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