HENNIGAN v. BUFFALO COURIER-EXPRESS CO., INC.


91 A.D.2d 1170 (1983)

Robert Hennigan, Respondent, v. Buffalo Courier-Express Company, Inc., et al., Defendants, and John Pauly, Appellant

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

January 21, 1983


Order affirmed, with costs.

Memorandum:

In affirming, we note that although the third affirmative defense has been stricken, no motion was made to strike the first affirmative defense. The first affirmative defense, if established, will place the burden upon the plaintiff to prove that the libelous statement was made with "actual malice" (New York Times Co. v Sullivan, 376 U.S. 254, 279-280). Special Term properly refused...

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