GERACI v. PROBST

No. 148.

15 N.Y.3d 336 (2010)

RONALD GERACI, Respondent, v. THOMAS PROBST, Individually and Doing Business as HENDRICKSON TRUCK CENTER, et al., Appellants.

Court of Appeals of New York.

Decided October 14, 2010.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Evan H. Krinick and Harris J. Zakarin of counsel), for appellants.

Hopkins & Kopilow, Garden City ( Michael T. Hopkins , Nicholas F. Miraglia and William Geraci of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion.


OPINION OF THE COURT

Chief Judge LIPPMAN.

The primary issue presented by this libel action is whether it was error to admit into evidence a republication of defendant Thomas Probst's defamatory statement, made years later without his knowledge or participation. We find that it was error and we therefore modify to vacate the damage award.

Plaintiff Geraci and defendant Probst1

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