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CAPROTTI v. TOWN OF WOODSTOCK

94 N.Y.2d 73 (1999)

721 N.E.2d 957

699 N.Y.S.2d 707

ELIZABETH CAPROTTI, Individually and as Parent of JOHN CAPROTTI, et al., Infants, Appellants, v. TOWN OF WOODSTOCK et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 18, 1999.

Attorney(s) appearing for the Case

Richard A. Altman, New York City, and Enid W. Langbert for appellants.

Kerr & Weiss, New Paltz (Marsha Solomon Weiss of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH and WESLEY concur with Judge ROSENBLATT; Judge LEVINE dissents and votes to reverse in a separate opinion; Judge CIPARICK taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

In this common-law defamation action, plaintiffs seek compensatory and punitive damages against a municipality, alleging that they were defamed by an independent programmer on the municipality's public access television channel. The issue before us is whether 47 USC § 555a (a) immunizes the municipality from liability for monetary damages. Under that section, immunity...

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