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MATOVCIK v. TIMES BEACON RECORD NEWSPAPERS

46 A.D.3d 636 (2007)

849 N.Y.S.2d 75

GERARD MATOVCIK, Appellant, v. TIMES BEACON RECORD NEWSPAPERS, Also Known as THE VILLAGE BEACON RECORD, et al., Respondents.

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

Decided December 11, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was to dismiss the amended complaint pursuant to CPLR 3211 (a) (1) and (7) is denied.

On May 13, 2004 the defendants wrote and published an article in the Village Beacon Record (hereinafter the newspaper) asserting that the plaintiff, the former head of the Miller Place High School (hereinafter MPHS) English Department, had "misappropriated...

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