Opinion
April 27, 1998
Appeal from the Supreme Court, Suffolk County (Stark, J.)
Ordered that the judgment is affirmed, with costs.
The plaintiff James M. Catterson, a Deputy County Attorney of Suffolk County, commenced this action to recover damages for an allegedly defamatory statement published in a newspaper, The Three Village Herald, on January 4, 1995, by the defendants Susan Bridson, the author of the statement, and North Suffolk Publishing Corp., the publisher of the newspaper. The statement asserted that the plaintiff had "multiple ties" with a corporation that had received a lucrative car-leasing contract from Suffolk County.
The Supreme Court properly granted the defendants' motion for summary judgment. Contrary to the plaintiff's contention, he failed to demonstrate by clear and convincing evidence that a material issue of fact existed as to whether the defendants published the allegedly defamatory statement with reckless disregard of the truth ( see, Harte-Hanks Communications v. Connaughton, 491 U.S. 657, 659; Anderson v. Liberty Lobby, 477 U.S. 242, 254; New York Times Co. v. Sullivan, 376 U.S. 254, 279-280; Freeman v. Johnston, 84 N.Y.2d 52, 54-57, cert denied 513 U.S. 1016). There was no evidence in the record that the defendants "entertained serious doubts" as to the truth of the published statement ( St. Amant v. Thompson, 390 U.S. 727, 731; see, Freeman v. Johnston, supra, at 58).
Thompson, J.P., Pizzuto, Krausman and Florio, JJ., concur.