FIRST UNITED FUND v. BANKER


127 Misc.2d 247 (1985)

First United Fund Ltd. et al., Plaintiffs, v. American Banker, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 6, 1985


Attorney(s) appearing for the Case

Rosenman Colin Freund Lewis & Cohen for defendants. Cadwalader, Wickersham & Taft for plaintiffs.


ELI WAGER, J.

In this libel action, the defendants move for a protective order striking certain of plaintiffs' interrogatories and the plaintiffs cross-move for an order compelling answers. The media defendants urge the court to enunciate a "reporter's privilege" under the State and Federal Constitutions, while the plaintiffs, asserting that the burden of proof imposed upon them by New York Times Co. v Sullivan (376 U.S. 254

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