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FREEZE RIGHT v. CITY OF NY

101 A.D.2d 175 (1984)

Freeze Right Refrigeration and Air Conditioning Services, Inc., et al., Respondents, v. City of New York et al., Defendants, and New York Times Company et al., Appellants

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

April 24, 1984

Attorney(s) appearing for the Case

Dean Ringel of counsel (Floyd Abrams and Kevin J. Burke with him on the brief; George Freeman and Cahill Gordon & Reindel, attorneys), for appellants.

Louis Venezia of counsel (Venezia & Haber, attorneys), for respondents.

KUPFERMAN, J. P., SANDLER, SILVERMAN and BLOOM, JJ., concur.

SULLIVAN, J.

This libel action arises out of the publication of an article in the New York Times concerning an investigation by the New York City Department of Consumer Affairs into the sales practices of air-conditioner repair shops. The Times and its reporter, Ralph Blumenthal, appeal from the denial of their motion for summary judgment dismissing the complaint.

In May, 1978, the Department...

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