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THREE AMIGOS v. CBS NEWS INC.

152184/12, 15190

132 A.D.3d 82 (2015)

15 N.Y.S.3d 36

2015 NY Slip Op 06409

THREE AMIGOS SJL REST., INC., Doing Business as THE CHEETAH CLUB, Plaintiff, and TIMES SQUARE RESTAURANT No. 1., INC., et al., Appellants, v. CBS NEWS INC. et al., Respondents.

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

Decided August 4, 2015.

Attorney(s) appearing for the Case

Law Offices of Nichelle A. Johnson, PLLC, New Rochelle ( Nichelle A. Johnson and Vivian Lee of counsel), for appellants.

Levine Sullivan Koch & Schulz, LLP, New York City ( Jay Ward Brown and Chad R. Bowman of the District of Columbia and Maryland bars, admitted pro hac vice), and CBS Law Department, New York City ( Anthony M. Bongiorno and Joseph F. Richburg of counsel) for respondents.

FRIEDMAN and DeGRASSE, JJ., concur with Tom, J.P.; KAPNICK, J., dissents in part in a separate opinion in which RICHTER, J., concurs.

OPINION OF THE COURT

This defamation action arises out of a wholly accurate news report stating that federal authorities raided The Cheetah Club (Cheetah's), a midtown Manhattan strip club, which they alleged to be "run by the [M]afia" and at the center of an underground immigration ring that brought Russian and eastern European...

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