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KHAN v. NY TIMES CO.

269 A.D.2d 74 (2000)

710 N.Y.S.2d 41

RAFI M. KHAN, Respondent, v. NEW YORK TIMES COMPANY, INC., et al., Appellants, et al., Defendant.

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

June 22, 2000.

Attorney(s) appearing for the Case

Richard A. Fogel of counsel (Bernard L. Burton on the brief; McMillan, Rather, Bennett & Rigano, P. C., and Burton & Associates, P. C., attorneys), for respondent.

John S. Kiernan of counsel (Jeremy Feigelson and Adam Liptak on the brief; Debevoise & Plimpton, and The New York Times Company Legal Department, attorneys), for appellants.

ROSENBERGER, J. P., WILLIAMS, BUCKLEY and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

It is undisputed that two New York Times articles written by its reporter, Susan Antilla, and published on October 19, 1993 and January 14, 1994 were false and defamatory in that the first article, in pertinent part, falsely described plaintiff as "a West Coast broker who was recently sued by the SEC and by private investors contending stock fraud," while the second falsely described him as "a stock promoter * * * who was...

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