LIU v. NEW YORK NEWS INC.


183 A.D.2d 443 (1992)

Herbert Liu, Appellant, v. New York News Inc., Respondent

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

May 7, 1992


In this action for libel and intentional infliction of emotional distress, plaintiff stipulated that the article in issue was not published with actual malice prior to defendant's motion for summary judgment. On the motion, the IAS court properly found plaintiff to be a limited purpose public figure, and, given this stipulation, had no choice but to dismiss the action (Gertz v Robert Welch, Inc., 418 U.S. 323; Hustler Mag. v Falwell...

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