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  5. 67 N.Y.2d 914 (1986)
 

BYTNER v. CAPITAL NEWSPAPERS, DIV. OF THE HEARST CORP.

67 N.Y.2d 914 (1986)

Vincent D. Bytner, Appellant, v. Capital Newspapers, Division of the Hearst Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1986.

Attorney(s) appearing for the Case

Robert E. Ganz for appellant.

Peter L. Danziger and Thomas F. Gleason for respondents.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum; Chief Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the civil rights cause of action was properly dismissed by Special Term on the ground that the publication was newsworthy and not for the purpose of advertising or trade. (See, Stephano v News Group Pub., 64 N.Y.2d 174, 184.) The defamation cause...

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