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GROSS v. NEW YORK TIMES CO.

180 A.D.2d 308 (1992)

Elliot M. Gross, Appellant, v. New York Times Company et al., Respondents

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

June 16, 1992

Attorney(s) appearing for the Case

Leon Segan of counsel (Howard M. Squadron and Joseph R. Gagliano, Jr., with him on the brief; Segan, Culhane, Nemerov & Singer, P. C., attorneys), for appellant.

Floyd Abrams of counsel (Dean Ringel and Steven Lieberman with him on the brief; Cahill Gordon & Reindel and George Freeman, attorneys), for New York Times Company and others, respondents.

Philip Mandel of counsel (Golden & Mandel, attorneys), for Theodore Ehrenreich, respondent.

CARRO, J. P., KUPFERMAN and ROSS, JJ., concur.

RUBIN, J.

If there is a single element which distinguishes a free society from an authoritarian State, it is the ability of the people in general, and the press in particular, to criticize the government in power. Especially where official acts are shielded from public view by privilege and confidentiality is discussion in the free press essential to prevent the abuse of authority. A necessary corollary of the...

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