13 Cited authorities

Holy Spirit Assn v. N Y Times
49 N.Y.2d 63 (N.Y. 1979) Cited 194 times 1 Legal Analyses
Holding articles were substantially accurate even though they did not disclose the unverified nature of the information
Mulder v. Donaldson, Lufkin
208 A.D.2d 301 (N.Y. App. Div. 1995) Cited 67 times
Holding that a "reporting requirement and reciprocal promise of protection in the manual impose[d] an express limitation on the right of [the employer] to terminate employees who make such reports," and thus the plaintiff "possesse[d] a cause of action for breach of contract."
Long v. Marubeni America Corp.
406 F. Supp. 2d 285 (S.D.N.Y. 2005) Cited 41 times
Holding that because Section 1981 is concerned only with discrimination on the basis of race, its implicit prohibition of retaliation against those who complain of discrimination is similarly limited to complaints of racial discrimination
Sassower v. Finnerty
96 A.D.2d 585 (N.Y. App. Div. 1983) Cited 56 times
July 25, 1983 Appeal, as limited by the appellant's notice of appeal and brief, from stated portions of a judgment and order (one paper) of the Supreme Court, Suffolk County (Gowan, J.), dated February 10, 1981, which (1) in action No. 2, inter alia, denied his motion for summary judgment and thereupon dismissed a writ of habeas corpus and (2) in action No. 3 granted the motion of the respondents Signorelli and Seidell pursuant to CPLR 3211 (subd [a], par 7) to dismiss appellant's amended complaint
OAO Alfa Bank v. Center for Public Integrity
387 F. Supp. 2d 20 (D.D.C. 2005) Cited 20 times
Holding that a defamation plaintiff cannot meet its summary judgment burden on the issue of actual malice by relying upon an expert who opines that the defendant's investigation fell below industry standards
Moccio v. University
09 Civ. 3601 (GEL) (S.D.N.Y. Jul. 20, 2009) Cited 14 times
Granting motion to dismiss where, "[w]hatever the merit of [defendants'] argument, plaintiff has abandoned the . . . claim, as her motion papers fail to contest or otherwise respond to defendants' contention"
Beary v. West Publishing Co.
763 F.2d 66 (2d Cir. 1985) Cited 37 times
Rejecting as “frivolous” plaintiff's argument that defendant waived its right to move to dismiss the complaint or, in the alternative, move for summary judgment by filing an answer where the filings were simultaneous
Sassower v. N.Y
48 A.D.3d 440 (N.Y. App. Div. 2008) Cited 9 times
February 5, 2008. In an action, inter alia, to recover damages for defamation, the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (Loehr, J.), entered July 6, 2006, which granted the defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint and denied their cross motion, inter alia, for sanctions pursuant to 22 NYCRR 130-1.1, (2) a judgment of the same court dated August 1, 2006, which, upon the order entered July 6, 2006, is in favor of the defendants
Hudson v. Goldman Sachs Co.
304 A.D.2d 315 (N.Y. App. Div. 2003) Cited 11 times
Affirming dismissal of plaintiff's defamation claim based on statements made by defendant in a newspaper article before defendant served its answer, where the statements were a substantially accurate description of defendant's position in the lawsuit
The Savage Is Loose Co. v. United Artists Theatre Circuit, Inc.
413 F. Supp. 555 (S.D.N.Y. 1976) Cited 38 times
No. 75 Civ. 1326. March 31, 1976. Arum, Friedman Katz, New York City, for plaintiffs; Theodore H. Friedman, David G. Miller, New York City, of counsel. Wachtell, Lipton, Rosen Katz, New York City, for defendants; Herbert M. Wachtell, Theodore Gewertz, Bertram M. Kantor, Robert B. Mazur, New York City, of counsel. LASKER, District Judge. The plaintiffs move for judgment on the pleadings or, in the alternative, summary judgment, dismissing the defendants' sixth and seventh affirmative defenses and
Section 74 - Privileges in action for libel
N.Y. Civ. Rights Law § 74 Cited 394 times 4 Legal Analyses
A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding

Kolchinsky v. Moody's Corporation et al

13 Cited authorities

Holding articles were substantially accurate even though they did not disclose the unverified nature of the information

Holding that a "reporting requirement and reciprocal promise of protection in the manual impose[d] an express limitation on the right of [the employer] to terminate employees who make such reports," and thus the plaintiff "possesse[d] a cause of action for breach of contract."

Holding that because Section 1981 is concerned only with discrimination on the basis of race, its implicit prohibition of retaliation against those who complain of discrimination is similarly limited to complaints of racial discrimination

Holding that a defamation plaintiff cannot meet its summary judgment burden on the issue of actual malice by relying upon an expert who opines that the defendant's investigation fell below industry standards

Granting motion to dismiss where, "[w]hatever the merit of [defendants'] argument, plaintiff has abandoned the . . . claim, as her motion papers fail to contest or otherwise respond to defendants' contention"

Rejecting as “frivolous” plaintiff's argument that defendant waived its right to move to dismiss the complaint or, in the alternative, move for summary judgment by filing an answer where the filings were simultaneous

Affirming dismissal of plaintiff's defamation claim based on statements made by defendant in a newspaper article before defendant served its answer, where the statements were a substantially accurate description of defendant's position in the lawsuit