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GAETA v. NEW YORK NEWS

95 A.D.2d 315 (1983)

Catherine Gaeta, Respondent-Appellant, v. New York News, Inc., et al., Appellants, and "Walter" H. James, Also Known as W. H. James, the First Name Being Fictitious, the True Name of the Party Being Unknown, et al., Respondents

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

August 18, 1983

Attorney(s) appearing for the Case

Michael B. Mukasey of counsel (Eugene M. Gelernter with him on the brief; Patterson, Belknap, Webb & Tyler, attorneys), for New York News, Inc., and another, appellants.

Frank C. McDermott for respondent-appellant.

Robert M. Redis of counsel (Alice NeffLucan with him on the brief; McCarthy, Fingar, Donovan, Drazen & Smith, attorneys), for Gannett Co., Inc., amicus curiae.

CARRO and FEIN, JJ., concur with KASSAL, J.; KUPFERMAN, J. P., and SILVERMAN, J., dissent in an opinion by KUPFERMAN, J. P.

KASSAL, J.

We are confronted with a novel question concerning the legal standard controlling alleged defamatory utterances in a news article where the libelous statement may not itself be within the sphere of legitimate public concern, although the article, as a whole, deals with a newsworthy subject.

The prime issue is whether the Chapadeau criteria (Chapadeau v Utica Observer-Dispatch...

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