PROZERALIK v. CAPITAL CITIES


188 A.D.2d 178 (1993)

John Prozeralik, Respondent, v. Capital Cities Communications, Inc., Appellant

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

February 5, 1993


Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, Buffalo (Floyd Abrams of counsel), and Cahill, Gordon & Reindel, New York City, for appellant.

Frank R. Bayger, Buffalo (Richard Sullivan of counsel), and Sullivan, Benatovich, Oliverio & Trimobli, Buffalo, for respondent.

Rogers & Wells, New York City (Richard N. Winfield of counsel), for Advance Publications, Inc., and others, amici curiae.

CALLAHAN, J. P., and BOEHM, J., concur with GREEN, J.; LAWTON, J., dissents and votes to reverse in a separate opinion in which DOERR, J., concurs.


GREEN, J.

On May 7, 1982, a television station and a radio station owned by defendant broadcast reports falsely identifying plaintiff as the victim of an abduction and beating that occurred the previous evening. The reports also incorrectly stated that the F.B.I. was investigating the possibility that plaintiff owed money to organized crime. Plaintiff, a prominent...

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