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Hobbs v. Imus

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1999
266 A.D.2d 36 (N.Y. App. Div. 1999)

Opinion

November 9, 1999

Jason E. Hardiman, for Plaintiff-Appellant.

Anthony M. Bongiorno, for Defendants-Respondents.

SULLIVAN, J.P., ROSENBERGER, LERNER, ANDRIAS, JJ.


Order, Supreme Court, New York County (Alice Schlesinger, J.), entered July 8, 1998, granting defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7), unanimously affirmed, without costs.

When considered in the context of the ribald radio "shock talk" show in which they were made, it is clear that the complained of statements would not have been taken by reasonable listeners as factual pronouncements but simply as instances in which the defendant radio hosts had expressed their views over the air in the crude and hyperbolic manner that has, over the years, become their verbal stock in trade. Gratuitously tasteless and disparaging as defendants' remarks about plaintiff were, they were nonetheless properly deemed by the motion court to have been nonfactual, and hence nonactionable, statements of opinion (see,Steinhilber v. Alphonse, 68 N.Y.2d 283). In addition, as defendants recited the facts upon which their opinions were based, plaintiff's contention that the statements constituted "mixed opinion" and were actionable as such is unavailing (see generally, Parks v. Steinbrenner, 131 A.D.2d 60).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Hobbs v. Imus

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1999
266 A.D.2d 36 (N.Y. App. Div. 1999)
Case details for

Hobbs v. Imus

Case Details

Full title:MARILYN HOBBS, Plaintiff-Appellant, v. JOHN DONALD IMUS, JR., etc., et al…

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

Date published: Nov 9, 1999

Citations

266 A.D.2d 36 (N.Y. App. Div. 1999)
698 N.Y.S.2d 25

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