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RIVERA v. TIME WARNER INC.

56 A.D.3d 298 (2008)

867 N.Y.S.2d 405

FRANCOIS RIVERA, Appellant, v. TIME WARNER INC., et al., Respondents, et al., Defendants.

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

November 13, 2008.

Since plaintiff is a public official, he was required to allege that Time Warner acted with actual malice, which means with knowledge that the statements at issue were false, or with reckless disregard of whether or not they were false (New York Times Co. v Sullivan, 376 U.S. 254, 279-280 [1964]). Reckless disregard means a high degree of awareness of probable falsity (Gertz v Robert Welch...

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