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Brian v. Richardson

Court of Appeals of the State of New York
May 2, 1995
85 N.Y.2d 808 (N.Y. 1995)

Summary

In Brian v Richardson, 85 NY2d 808,637 N.Y.S.2d 347 [1995], the Court of Appeals stated "the essence of the tort libel is the publication of a statement about an individual that is both false and defamatory. Since falsity is a sine qua non of a libel claim and since only assertions of fact are capable of being proven false, we have consistently held that a libel action cannot be maintained unless it is premised on published assertions of fact."

Summary of this case from Thomas v. Kiriluk

Opinion

Decided May 2, 1995

Appeal from (1st Dept: 211 A.D.2d 413)


MOTIONS FOR LEAVE TO APPEAL GRANTED OR DENIED

Motions for leave to appeal which are dismissed, or which are granted or denied with additional explanation for basis of decision, are reported elsewhere.

Granted.


Summaries of

Brian v. Richardson

Court of Appeals of the State of New York
May 2, 1995
85 N.Y.2d 808 (N.Y. 1995)

In Brian v Richardson, 85 NY2d 808,637 N.Y.S.2d 347 [1995], the Court of Appeals stated "the essence of the tort libel is the publication of a statement about an individual that is both false and defamatory. Since falsity is a sine qua non of a libel claim and since only assertions of fact are capable of being proven false, we have consistently held that a libel action cannot be maintained unless it is premised on published assertions of fact."

Summary of this case from Thomas v. Kiriluk
Case details for

Brian v. Richardson

Case Details

Full title:BRIAN v. RICHARDSON

Court:Court of Appeals of the State of New York

Date published: May 2, 1995

Citations

85 N.Y.2d 808 (N.Y. 1995)

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