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IMMUNO AG. v. MOOR-JANKOWSKI

77 N.Y.2d 235 (1991)

Immuno AG., Appellant, v. J. Moor-Jankowski, Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Raymond S. Fersko, Anders R. Sterner, Mitchell Lapidus and Jonathan W. Lubell for appellant.

Philip A. Byler and Louis Lauer for respondent.

Floyd Abrams, Taryn V. Shelton, Robert J. Pape, Kathryn J. Rodgers, Thomas DeJulio, Michael G. MacDonald, James E. McCarthy, III, S. Andrew Schaffer, Ada Meloy, Shelley Sanders Kehl, Herbert D. Schwartzman, Thomas S. Evans and Martin H. Bockstein for Adelphi University and others, amici curiae.

Laura M. Mattera for Sierra Club and others, amici curiae.

Henry R. Kaufman for World Wildlife Fund and others, amici curiae.

Arthur N. Eisenberg and Kenneth P. Norwick for New York Civil Liberties Union, amicus curiae.

Edward A. Miller for Association of American Publishers, Inc., amicus curiae.

Chief Judge WACHTLER and Judges ALEXANDER and BELLACOSA concur with Judge KAYE; Judges SIMONS, TITONE and HANCOCK, JR., concur in result in separate opinions.

KAYE, J.

One year ago, applying what appeared to be settled law, we affirmed the dismissal of plaintiff's libel action against the editor of a scientific journal, essentially for his publication of a signed letter to the editor on a subject of public controversy. We concluded that there was no triable issue of fact as to the falsity of the threshold factual assertions of the letter, that — beyond those...

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