RAINBOW v. WPIX, INC.

10855, 152477/15.

179 A.D.3d 561 (2020)

117 N.Y.S.3d 51

2020 NY Slip Op 00499

Starlight Rainbow, Appellant, v. WPIX, Inc., Respondent, et al., Defendants.

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

Decided January 23, 2020.


Plaintiff, a teacher with the unusual and distinctive name, Starlight Rainbow, alleges that WPIX published an online article mistakenly naming her as the public school teacher who was bullying a PS 235 fifth grader. The teacher who was the subject of the accusations had the same last name as plaintiff. The parties do not dispute that the article was defamatory per se, in that it injured her in her profession as a teacher.

The parties also agree that the article concerned...

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