HOWARD v. BUFFALO EVENING NEWS, INC.


89 A.D.2d 793 (1982)

Robert Howard et al., Appellants, v. Buffalo Evening News, Inc., et al., Respondents

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

July 9, 1982


Judgment unanimously affirmed, with costs.

Memorandum:

We agree with the Trial Justice that, as a matter of law, the alleged defamatory statement in the article of December 5, 1974 was not of and concerning the plaintiff and that, with respect to the article of March 11, 1975, the plaintiffs were public figures. "The essential element underlying the category of public figures is that the publicized person has taken an affirmative step to attract public attention...

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