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BALDERMAN v. AM. BROADCASTING

292 A.D.2d 67 (2002)

738 N.Y.S.2d 462

SAMUEL C. BALDERMAN, M.D., Respondent, v. AMERICAN BROADCASTING COMPANIES, INC., Appellant.

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

March 15, 2002.

Attorney(s) appearing for the Case

Cahill Gordon & Reindel, New York City (Floyd Abrams of counsel); Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, for appellant.

Sullivan Oliverio & Gioia LLP, Buffalo (Richard T. Sullivan of counsel), for respondent.

HAYES, SCUDDER, GORSKI and LAWTON, JJ., concur.

OPINION OF THE COURT

GREEN, J.P.

This defamation action arises out of a nationally televised broadcast of defendant's television news program, "PrimeTime Live." The segment of the program at issue, entitled "Surgical Scorecards," concerned a study published by the New York State Department of Health (DOH) on cardiac surgery in New York State. Plaintiff, a cardiac surgeon, alleges that, during the "Surgical Scorecards" segment, defendant falsely accused him...

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