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O'NEILL v. OAKGROVE CONSTR.

71 N.Y.2d 521 (1988)

James M. O'Neill, Respondent, v. Oakgrove Construction, Inc., et al., Defendants. Gannett Rochester Newspapers, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1988.

Attorney(s) appearing for the Case

John B. McCrory and William S. Brandt for appellant.

Alexander Geiger for respondent.

Peter L. Danziger, Barbara G. Billet, Ralph Huber, Richard N. Winfield, Steven Sadicario, John Zucker, Sandra Baron, Andrew Hughes, George Freeman and Peter G. Stone for New York Newspaper Publishers Association, Inc., and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur with Judge HANCOCK, JR.; Judge KAYE concurs in a separate concurring opinion; Judge BELLACOSA concurs in result in another concurring opinion; Judge TITONE taking no part.

HANCOCK, JR., J.

The question presented is whether nonconfidential photographs taken by journalists in the course of newsgathering activities and kept as resource material are protected from compelled disclosure by a qualified reporter's privilege under the State or Federal Constitution.1 The Appellate Division held that protection from disclosure was limited to situations involving...

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