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SHULMAN v. HUNDERFUND

12 N.Y.3d 143 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

LARRY SHULMAN, Respondent, v. JAMES HUNDERFUND, Appellant, et al., Defendant.

Court of Appeals of New York.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown (Diane K. Farrell of counsel), and Meyer, Suozzi, English & Klein, P.C., Garden City (A. Thomas Levin and Michael A. Ciaffa of counsel), for appellant.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Mark S. Yagerman and Joel M. Simon of counsel), for respondent.

Concur: Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

SMITH, J.

In this action for libel by a public figure, the record does not clearly and convincingly show that the statements in question were made with "actual malice," as required by New York Times Co. v Sullivan (376 U.S. 254 [1964]). We therefore hold that plaintiff's complaint against defendant James Hunderfund must be dismissed.

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