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FREEZE RIGHT v. CITY OF NY

115 Misc.2d 607 (1982)

Freeze Right Refrigeration and Air Conditioning Services, Inc., et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

September 14, 1982

Attorney(s) appearing for the Case

Cahill, Gordon & Reindel (Floyd Abrams, Loretta Preska and Dean Ringel of counsel), for New York Times Company and another, defendants. Frederick A. O. Schwarz, Jr., Corporation Counsel (Kathryn A. Roessel of counsel), for City of New York and another, defendants. Venezia, Haber & Baines (Caryl B. Rossner and Patricia Watras of counsel), for plaintiffs.

STANLEY L. SKLAR, J.

Three principal issues are presented. First, on the motion to dismiss or for summary judgment by the city and its Department of Consumer Affairs, is the cloak of absolute immunity that ordinarily covers the publication of a governmental report lost because a private newspaper and reporter allegedly participated in the investigation underlying the report? Second, on that same motion, if...

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