ENCARNACION v. SAWYER


26 A.D.3d 261 (2006)

809 N.Y.S.2d 76

BERNABE ENCARNACION, Appellant, v. DIANE SAWYER et al., Respondents.

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

February 21, 2006.


Petitioner does not refute the IAS court's finding that there is no basis for CPLR article 78 relief against respondents Sawyer and Roberts in their individual capacities. As to the corporate respondent, even if it is subject to such a proceeding, the court correctly found that petitioner did not establish ABC had any obligation to preserve or return to him the documents he had sent in on his own initiative, or to broadcast his...

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