From Casetext: Smarter Legal Research

Liebgold v. Hofstra University

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 272 (N.Y. App. Div. 1997)

Opinion

December 1, 1997

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that the order is affirmed, with costs payable to the respondent The Chronicle.

The Supreme Court properly dismissed the plaintiff's libel action. The complaint and the challenged newspaper articles appended thereto unequivocally demonstrate that the articles contain substantially truthful factual assertions and that, when read as a whole and in the appropriate context, the articles are not reasonably susceptible of a defamatory connotation ( see generally, Armstrong v. Simon Schuster, 85 N.Y.2d 373; Weiner v. Doubleday Co., 74 N.Y.2d 586, cert denied 495 U.S. 930; Aronson v. Wiersma, 65 N.Y.2d 592; James v. Gannett Co., 40 N.Y.2d 415). Moreover, the article reporting on the judicial proceedings involving the plaintiff is protected under the provisions of Civil Rights Law § 74 ( see, Holy Spirit Assn. for Unification of World Christianity v. New York Times Co., 49 N.Y.2d 63; Glendora v. Gannett Suburban Newspapers, 201 A.D.2d 620; Becher v. Troy Publ. Co., 183 A.D.2d 230).

The plaintiff similarly has failed to state a cause of action for libel with respect to the newspaper editorial which he challenges inasmuch as the statements therein do not accuse him of rape. Furthermore, consideration of the editorial in its entirety and under the surrounding circumstances demonstrates that it consists of nonactionable expressions of opinion ( see, Millus v. Newsday, Inc., 89 N.Y.2d 840, cert denied ___ US ___, 117 S Ct 1313; Brian v. Richardson, 87 N.Y.2d 46; Rappaport v. VV Publ. Corp., 223 A.D.2d 515).

The plaintiff's remaining contentions are either without merit or have been rendered academic by reason of the foregoing analysis.

Bracken, J. P., O'Brien, Sullivan and Santucci, JJ., concur.


Summaries of

Liebgold v. Hofstra University

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 272 (N.Y. App. Div. 1997)
Case details for

Liebgold v. Hofstra University

Case Details

Full title:MICHAEL LIEBGOLD, Appellant, v. HOFSTRA UNIVERSITY et al., Respondents

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

Date published: Dec 1, 1997

Citations

245 A.D.2d 272 (N.Y. App. Div. 1997)
664 N.Y.S.2d 831

Citing Cases

Liebgold v. Hofstra Univ

Decided April 2, 1998 Appeal from (2d Dept: 245 A.D.2d 272) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…

Lenz Hardware, Inc. v. Wilson

We believe that the use of the phrase "We Speak English" in the context of the advertisement at issue is…