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Bytner v. Capital Newspapers, Div. of the Hearst Corp.

Court of Appeals of the State of New York
Apr 3, 1986
492 N.E.2d 1228 (N.Y. 1986)

Opinion

Decided April 3, 1986

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.

Robert E. Ganz for appellant.

Peter L. Danziger and Thomas F. Gleason for respondents.



MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the civil rights cause of action was properly dismissed by Special Term on the ground that the publication was newsworthy and not for the purpose of advertising or trade. (See, Stephano v News Group Pub., 64 N.Y.2d 174, 184.) The defamation cause of action was, likewise, properly dismissed. The contested photograph and caption are not reasonably susceptible of a meaning defamatory to the public figure misidentified in the caption as the individual depicted in the photograph. (See, James v Gannett Co., 40 N.Y.2d 415, 419-420.)

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum; Chief Judge WACHTLER taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Bytner v. Capital Newspapers, Div. of the Hearst Corp.

Court of Appeals of the State of New York
Apr 3, 1986
492 N.E.2d 1228 (N.Y. 1986)
Case details for

Bytner v. Capital Newspapers, Div. of the Hearst Corp.

Case Details

Full title:VINCENT D. BYTNER, Appellant, v. CAPITAL NEWSPAPERS, DIVISION OF THE…

Court:Court of Appeals of the State of New York

Date published: Apr 3, 1986

Citations

492 N.E.2d 1228 (N.Y. 1986)
492 N.E.2d 1228
501 N.Y.S.2d 812

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