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OAK BEACH INN v. BABYLON BEACON

62 N.Y.2d 158 (1984)

Oak Beach Inn Corp. et al., Appellants, v. Babylon Beacon, Inc., Doing Business as Babylon Beacon Newspaper, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Patrick Kevin Brosnahan, Jr., and Patricia S. Muhlrad for appellants.

Bartholomew J. Rebore for respondents.

Chief Judge COOKE and Judges JONES, MEYER, SIMONS and KAYE concur with Judge WACHTLER; Judge JASEN dissents and votes to reverse in a separate opinion.

WACHTLER, J.

The question on this appeal is whether a newspaper, which has been sued for publishing an allegedly libelous letter to the editor, can be precluded from answering the complaint or making any defense to the suit if it refuses to disclose to the plaintiff the name of the person who wrote the letter. The trial court found the sanction appropriate for refusal...

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