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Catterson v. North Suffolk Publishing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 498 (N.Y. App. Div. 1998)

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.


Summaries of

Catterson v. North Suffolk Publishing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 498 (N.Y. App. Div. 1998)
Case details for

Catterson v. North Suffolk Publishing Corp.

Case Details

Full title:JAMES M. CATTERSON, Appellant, v. NORTH SUFFOLK PUBLISHING CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 27, 1998

Citations

249 A.D.2d 498 (N.Y. App. Div. 1998)
672 N.Y.S.2d 127

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