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Robart v. Post-Standard

Court of Appeals of the State of New York
Jan 8, 1981
52 N.Y.2d 843 (N.Y. 1981)

Summary

In Robart v. Post-Standard (52 N.Y.2d 843, affg 74 A.D.2d 963), the Court of Appeals affirmed an order of the Appellate Division granting summary judgment to the defendant whose reporter had obtained an inaccurate story from an officer at a police barracks. Reliance on the report did not demonstrate gross irresponsibility, the Appellate Division had stated, "even though the report given by the officer later proved to be inaccurate" (74 A.D.2d 963, supra).

Summary of this case from Carlucci v. Poughkeepsie Newspapers, Inc.

Opinion

Argued December 15, 1980

Decided January 8, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DOMINICK J. VISCARDI, J.

J. Byron O'Connell and Lois M. Webb for appellant.

S. Paul Battaglia for respondent.


MEMORANDUM.

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

We agree with the Appellate Division that plaintiff engaged in conduct which was within the sphere of legitimate public concern. Therefore, even though defendant's report of plaintiff's encounter with the authorities was not entirely accurate, no recovery can be had in defamation absent a showing that defendant "acted in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties." (Chapadeau v Utica Observer-Dispatch, 38 N.Y.2d 196, 199.) In our opinion, plaintiff has failed to demonstrate the existence of a question of fact on this issue.

In light of our conclusion that plaintiff is, as a matter of law, unable to recover, it is unnecessary for us to determine whether she was required to plead and prove special damages and whether the "libel" asserted was a libel per se.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Robart v. Post-Standard

Court of Appeals of the State of New York
Jan 8, 1981
52 N.Y.2d 843 (N.Y. 1981)

In Robart v. Post-Standard (52 N.Y.2d 843, affg 74 A.D.2d 963), the Court of Appeals affirmed an order of the Appellate Division granting summary judgment to the defendant whose reporter had obtained an inaccurate story from an officer at a police barracks. Reliance on the report did not demonstrate gross irresponsibility, the Appellate Division had stated, "even though the report given by the officer later proved to be inaccurate" (74 A.D.2d 963, supra).

Summary of this case from Carlucci v. Poughkeepsie Newspapers, Inc.
Case details for

Robart v. Post-Standard

Case Details

Full title:HAZEL ROBART, Appellant, v. POST-STANDARD, Respondent

Court:Court of Appeals of the State of New York

Date published: Jan 8, 1981

Citations

52 N.Y.2d 843 (N.Y. 1981)
437 N.Y.S.2d 71
418 N.E.2d 664

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