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MARTIN v. DAILY NEWS L.P.

Nos. 103129/11, 100053/08

121 A.D.3d 90 (2014)

990 N.Y.S.2d 473

LARRY D. MARTIN, Appellant, v. DAILY NEWS L.P. et al., Respondents, et al., Defendant. (And Another Action.)

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

Decided July 17, 2014.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York City ( Stuart A. Blander and Harold L. Schwab of counsel), for appellant.

Davis Wright Tremaine LLP, New York City ( Laura R. Handman of counsel), and Daily News, L.P., New York City ( Mathew A. Leish of counsel), for respondents.

GONZALEZ, P.J., Tom and ANDRIAS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

In this defamation case, plaintiff Larry D. Martin, a Justice of the New York State Supreme Court, Kings County, alleges that defendants Daily News and its columnist Errol Louis published two columns that falsely accused him of presiding over a $20 million real estate litigation despite a conflict of interest, and suggested that he was corrupt. The issues raised on this appeal include whether Justice Martin, a public figure...

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