MTR OF HOLMES v. WINTER

Attorney(s) appearing for the Case

Hogan Lovells US LLP, Washington, D.C. ( Christopher T. Handman , of the District of Columbia bar, admitted pro hac vice, and Sean M. Marotta of counsel), and Hogan Lovells US LLP, New York City ( Dori Ann Hanswirth , Theresa M. House , Nathaniel S. Boyer and Benjamin A. Fleming of counsel), for appellant.

Arshack, Hajek & Lehrman, PLLC, New York City ( Daniel N. Arshack of counsel), and Green & Willstatter, White Plains ( Richard D. Willstatter of counsel), for respondent.

Levine Sullivan Koch & Schulz, LLP, New York City ( Katherine M. Bolger of counsel), for Reporter's Committee for the Freedom of the Press and others, amici curiae.

Chief Judge LIPPMAN and Judges RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge SMITH dissents and votes to affirm in an opinion in which Judge PIGOTT concurs; Judge READ dissents and votes to affirm for the reasons stated in the opinion by Justice Darcel D. Clark at the Appellate Division ().