Opinion
February 2, 1996
Appeal from the Supreme Court, Oswego County, Nicholson, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this defamation action alleging that defendant, a Syracuse television station, had falsely reported on the 6:00 P.M. news that plaintiff had been charged with rape. Supreme Court erred in denying defendant's motion for summary judgment. Defendant met its initial burden of showing that the broadcast did not contain the words alleged by plaintiff, thereby shifting the burden to plaintiff to demonstrate the existence of a triable issue of fact (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The unsworn statements submitted by plaintiff do not constitute evidentiary proof in admissible form sufficient to defeat the motion (see, Grasso v. Angerami, 79 N.Y.2d 813; Simms v. North Shore Univ. Hosp., 192 A.D.2d 700, 701; Briggs v. Consolidated Rail Corp., 190 A.D.2d 1047, 1048-1049).