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D'AGROSA v. NEWSDAY, INC.

158 A.D.2d 229 (1990)

Joseph D'Agrosa, Respondent, v. Newsday, Inc., et al., Appellants

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

July 9, 1990

Attorney(s) appearing for the Case

Townley & Updike (Robert Lloyd Raskopf of counsel), for appellants.

Mark H. Weiss (Stewart J. Isman of counsel), for respondent.

BROWN, J. P., LAWRENCE and KUNZEMAN, JJ., concur.

EIBER, J.

On February 15, 1986, the defendant Newsday, Inc., published an article concerning Kathleen Prime who, in 1974, was hailed by the press a "miracle baby" — the smallest of the more than 28,000 babies that had been born at Brookhaven Memorial Hospital up to that time. Weighing a mere 1 pound, 7 ounces at birth, Kathleen captured the heart of the public through media accounts of her daily struggle...

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