McDONALD v. EAST HAMPTON STAR


10 A.D.3d 639 (2004)

781 N.Y.S.2d 694

ROBERT McDONALD, Respondent, v. EAST HAMPTON STAR et al., Appellants.

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

September 13, 2004.


In an action to recover damages for defamation, the defendants appeal from an order of the Supreme Court, Suffolk County (Henry, J.), dated September 25, 2003, which denied their motion, in effect, for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Civil Rights Law § 74 provides, in relevant part, that "[a] civil action cannot be maintained against...

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