Carlucci v. Poughkeepsie Newspapers, Inc.
| Decision Date | 10 May 1982 |
| Citation | 450 N.Y.S.2d 54,88 A.D.2d 608 |
| Parties | , 8 Media L. Rep. 1837 Harold CARLUCCI, et al., Plaintiffs; Osborne Hill Grocery, Inc., Respondent, v. POUGHKEEPSIE NEWSPAPERS, INC. et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Nixon, Hargrave, Devans & Doyle, Rochester (Robert C. Bernius, Rochester, of counsel), for appellants.
Burchetta, Goldsand, Cerussi & Spain, P. C., Carmel (Richard I. Goldsand, Carmel, of counsel), for respondent.
Before WEINSTEIN, J. P., and BROWN, NIEHOFF and BOYERS, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for libel, defendants appeal (1) as limited by their brief, from so much of an order of the Supreme Court, Dutchess County, entered May 27, 1981, as denied their motion to dismiss the complaint as against the corporate plaintiff, and (2) from a further order of the same court, entered August 11, 1981, which denied their motion for reargument.
Appeal from the order entered August 11, 1981 dismissed. No appeal lies from an order denying reargument.
Order entered May 27, 1981 reversed insofar as appealed from, on the law, and motion to dismiss the complaint is granted in its entirety.
Defendants are awarded one bill of $50 costs and disbursements.
This action concerns the following story, which was published in defendants' newspaper under the headline "State police raid gambling operation":
The information on which the article was based was obtained by an experienced reporter over the telephone from the Fishkill State Police barracks. The...
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