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Miss American Petite v. Fox Broadcasting

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1999
262 A.D.2d 33 (N.Y. App. Div. 1999)

Opinion

June 3, 1999.

Appeal from the Supreme Court, New York County (Carol Huff, J.).


Plaintiffs in this defamation action produce a series of local beauty pageants, promoted nationwide, the winners of which participate in a well-publicized national pageant that has been considered for syndicated national television broadcast. We affirm on a finding that plaintiffs have not shown that defendants acted in a grossly irresponsible manner ( see, Gorman v. Random House, 237 A.D.2d 564, 565, lv dismissed in part and denied in part 90 N.Y.2d 921). Further, we note that some, if not all, of the statements pleaded in the complaint and emphasized on appeal were of a "loose, figurative or hyperbolic" sort and, as such, nonactionable as expressions of opinion ( see, Polish Am. Immigration Relief Comm. v. Relax, 189 A.D.2d 370, 373). We have not considered plaintiff's arguments as to any statement from the broadcast not pleaded with specificity in the amended complaint ( see, CPLR 3016 [a]). Were we to consider such arguments, we would find them unavailing.

Concur — Lerner, J.P., Rubin, Andrias and Buckley, JJ.


Summaries of

Miss American Petite v. Fox Broadcasting

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1999
262 A.D.2d 33 (N.Y. App. Div. 1999)
Case details for

Miss American Petite v. Fox Broadcasting

Case Details

Full title:MISS AMERICAN PETITE, INC., et al., Appellants, v. FOX BROADCASTING…

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

Date published: Jun 3, 1999

Citations

262 A.D.2d 33 (N.Y. App. Div. 1999)
690 N.Y.S.2d 592

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