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MALONE v. DAILY NEWS LP

70 A.D.3d 418 (2010)

WARREN MALONE, Appellant, v. DAILY NEWS LP, Doing Business as NEW YORK DAILY NEWS, Respondent.

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

Decided February 4, 2010.

The article that relied on statements of a tenant in the building plaintiff had purchased to convert for the use of his family did not communicate defamatory material. The statements specified in the complaint were either accurate or privileged insofar as they relied on documents in a judicial proceeding (Civil Rights Law § 74; Fishof v Abady, 280 A.D.2d 417 [2001]). Even if not accurate, they were not of a nature that would...

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