KINSELLA v. NYT TELEVISION


851 A.2d 105 (2004)

370 N.J. Super. 311

Joseph KINSELLA, Plaintiff-Respondent, v. NYT TELEVISION, the New York Times Company and Discovery Communications, Inc., Defendants-Appellants, and Jersey Shore Medical Center and Meridian Health System, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2004.


Attorney(s) appearing for the Case

Charles S. Sims of the New York bar, admitted pro hac vice, New York City, argued the cause for appellants (Winne, Banta, Hetherington & Basralian, Hackensack and Proskauer Rose, attorneys; Kenneth K. Lehn, Carla M. Miller, Matthew J. Morris and Mr. Sims, on the brief).

Gerald H. Clark argued the cause for respondents (Lynch * Martin, Brielle and Gill & Chamas, Woodbridge, attorneys; John E. Keefe, Jr., Brielle, Raymond A. Gill, Jr., Woodbridge, Kevin L. Parsons and Mr. Clark, on the brief).

Before Judges SKILLMAN, COBURN and C.S. FISHER.


The opinion of the court was delivered by SKILLMAN, P.J.A.D.

This appeal is a sequel to Kinsella v. Welch, 362 N.J.Super. 143, 827 A.2d 325 (App.Div.2003). In that opinion, we concluded that the videotaping by defendants NYT Television and The New York Times Company (collectively NYT) in the emergency room at Jersey Shore Medical Center (Jersey Shore) constituted newsgathering, and...

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