GAETA v. NEW YORK NEWS


115 Misc.2d 483 (1982)

Catherine Gaeta, Plaintiff, v. New York News, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 25, 1982


Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler (Michael B. Mukasey and Mark R. Hellerer of counsel), for defendants. Frank C. McDermott for plaintiff.


SHIRLEY FINGERHOOD, J.

Defendants' motion for summary judgment raises a question concerning the constitutionally mandated standard of liability for libel not previously decided in this State.

The defamatory statement of which plaintiff complains was published in the Daily News in July, 1977 as the first paragraph of the fourth article in a series on the deinstitutionalization of mental patients. That paragraph read: "When he was 41, George...

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