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STONE v. FELLER

101 A.D.2d 859 (1984)

Michael A. Stone, Appellant, v. Sanford Feller, Respondent

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

May 21, 1984

¶ Orders affirmed, with one bill of costs.

¶ Defendant's attorney's affirmation together with the newspaper article were competent to establish plaintiff's status as a public figure. ¶ Plaintiff had the burden of proof to show actual malice by "convincing clarity" (Rinaldi v Holt, Rinehart & Winston, 42 N.Y.2d 369, 379, cert den 434 U.S. 969). His affidavit is deficient as he merely makes conclusory allegations...

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