McEVADDY v. CITY UNIV. OF NEW YORK


220 A.D.2d 319 (1995)

633 N.Y.S.2d 4

James McEvaddy, Appellant, v. City University of New York, Respondent. (Claim No. 78836.)

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

October 24, 1995


The student newspaper that printed the allegedly libelous article is not an "agent" of defendant City University and therefore the claim for defamation was properly dismissed for lack of subject matter jurisdiction (Education Law § 6224 [4]). The presence of a faculty advisor to the paper, whose advice was nonbinding, and the financing of the paper through student activity fees dispensed by defendant, do not demonstrate such editorial control or influence over the paper...

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