23 Cited authorities

  1. Ortiz v. Varsity Holdings, LLC

    2011 N.Y. Slip Op. 9161 (N.Y. 2011)   Cited 492 times
    Denying the plaintiff's cross motion for summary judgment on his § 240 claim where there is any issue of fact as to whether there is an enumerated safety device that could have prevented his fall
  2. Gross v. New York Times Co.

    82 N.Y.2d 146 (N.Y. 1993)   Cited 456 times   1 Legal Analyses
    Finding accusation of "possibly illegal" conduct to be actionable
  3. Holy Spirit Assn v. N Y Times

    49 N.Y.2d 63 (N.Y. 1979)   Cited 192 times   1 Legal Analyses
    Holding articles were substantially accurate even though they did not disclose the unverified nature of the information
  4. Daniel Goldreyer, Ltd. v. Van De Wetering

    217 A.D.2d 434 (N.Y. App. Div. 1995)   Cited 83 times
    Holding that trial court should have dismissed as a matter of law a defamation claim directed to a statement in an art review that "does not have a precise meaning, cannot be objectively characterized as true or false, appears in an immediate context, the ‘Art’ section of defendant Time Magazine, where the average person would understand it as, or expect to find, expression of opinion or personal taste, and appears in a broader context of the public debate over the artistic merit of the restoration."
  5. Hogan v. Herald Company

    84 A.D.2d 470 (N.Y. App. Div. 1982)   Cited 73 times
    In Hogan v. Herald Co., 84 A.D.2d 470, 446 N.Y.S.2d 836 [4th Dept. 1982], the Appellate Division concluded that New York courts do not recognize a neutral report privilege.
  6. Glendora v. Gannett Suburban Newspapers

    201 A.D.2d 620 (N.Y. App. Div. 1994)   Cited 34 times

    February 22, 1994 Appeal from the Supreme Court, Westchester County (Burrows, J.). Ordered that the order is affirmed, with costs. This action was commenced by the plaintiff against a newspaper based on an article which reported a previous lawsuit between the plaintiff and the newspaper, and the court's decision dismissing her complaint in that case. A comparison between the article and the court's decision reveals that it was substantially accurate and therefore a "fair and true" report of a judicial

  7. Becher v. Troy Publ. Co.

    183 A.D.2d 230 (N.Y. App. Div. 1992)   Cited 35 times
    Finding articles that falsely suggested the plaintiff had been indicted on felony bribery charges were fair and accurate where the articles later correctly described the charges as misdemeanors for lesser offenses
  8. Pisani v. Staten Island University Hosp

    440 F. Supp. 2d 168 (E.D.N.Y. 2006)   Cited 17 times   1 Legal Analyses
    Finding that plaintiff adequately pleaded defamation against former co-workers who were alleged to have, inter alia, prepared and approved for publication the statement at issue
  9. Alf v. Buffalo News, Inc.

    100 A.D.3d 1487 (N.Y. App. Div. 2012)   Cited 9 times
    Holding articles stating company admitted to repeatedly overcharging the government millions of dollars were substantially accurate, even though the company only pled guilty to a single charge of submitting a false document, because a review of the plea agreement in full supported the statement
  10. Hogan v. Herald Company

    58 N.Y.2d 630 (N.Y. 1982)   Cited 44 times

    Argued October 5, 1982 Decided November 16, 1982 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD N. DONOVAN, J. S. Paul Battaglia for appellants. Joseph A. Ryan and Carl T. Putzer for respondents. Order affirmed, with costs, and question certified answered in the affirmative for reasons stated in the opinion by Justice RICHARD D. SIMONS at the Appellate Division ( 84 A.D.2d 470). Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 539 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review