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HIRSCHFELD v. DAILY NEWS, L.P.

269 A.D.2d 248 (2000)

703 N.Y.S.2d 123

ABRAHAM HIRSCHFELD, Appellant, v. DAILY NEWS, L.P., et al., Respondents.

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

Decided February 17, 2000.

The IAS Court was correct in dismissing plaintiff's action for defamation because plaintiff cannot raise a triable issue as to the falsity of defendants' factual assertions (Immuno AG. v Moor-Jankowski, 77 N.Y.2d 235, 245, cert denied 500 U.S. 954). The claim based on the newspaper article published on November 8, 1997 was properly dismissed upon a finding that the central premise of the article was factually true. The article...

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