GROSS v. NEW YORK TIMES COMPANY


281 A.D.2d 299 (2001)

724 N.Y.S.2d 16

ELLIOT M. GROSS, Appellant-Respondent, v. NEW YORK TIMES COMPANY et al., Respondents, and THEODORE EHRENREICH, Respondent-Appellant, et al., Defendants.

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

Decided March 22, 2001.


Summary judgment was properly granted dismissing the complaint as against the Times defendants in light of the failure of plaintiff, a public figure, to raise a triable issue as to whether the complained of statements were published with actual malice. Plaintiff did not meet his "burden of presenting evidence that could demonstrate, with convincing clarity, that [the Times defendants] either knew that the statements were false or published them with a high degree of awareness...

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