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SPIVAK v. J. WALTER THOMPSON U.S.A., INC.

272 A.D.2d 74 (2000)

708 N.Y.S.2d 289

HELAYNE SPIVAK, Appellant-Respondent, v. J. WALTER THOMPSON U.S.A., INC., et al., Respondents-Appellants.

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

Decided May 4, 2000.

The action was properly dismissed upon evidence establishing that defendants' CEO did not make the statements attributed to him in the offending article, and that the statements he did make at the employees-only meeting allegedly reported in the offending article are not susceptible of a defamatory meaning. Assuming in plaintiff's favor that one of defendants' employees was the source of the misreport of the CEO's statements in the offending article, defendants' evidence...

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