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FRANKLIN v. DAILY HOLDINGS

155454/13, 14207

135 A.D.3d 87 (2015)

21 N.Y.S.3d 6

2015 NY Slip Op 08139

JOHN RASHAD FRANKLIN, Also Known as DJ RASHAD HAYES, Respondent, v. THE DAILY HOLDINGS, INC., et al., Appellants.

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

Decided November 12, 2015.

Attorney(s) appearing for the Case

Davis Wright Tremaine LLP, New York City ( Laura R. Handman and Deborah A. Adler of counsel), for appellants.

McLaughlin & Stern LLP, New York City ( Neil B. Solomon of counsel), for respondent.

SWEENY, J.P., RENWICK, MOSKOWITZ and FEINMAN, JJ., concur.

OPINION OF THE COURT

This action arises from an Internet news article alleged to be defamatory. Plaintiff is a DJ who, in 2012, occasionally worked at the downtown Manhattan nightclub WIP. Defendant, The Daily Holdings, Inc. "TDH" formerly known as News DP Holdings (the Daily), operated an iPad-only subscription based newspaper...

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