Frink v. McEldowney
| Decision Date | 20 October 1971 |
| Citation | 29 N.Y.2d 720,275 N.E.2d 337,325 N.Y.S.2d 755 |
| Parties | , 275 N.E.2d 337 Eugene F. FRINK, Appellant, v. Elliot McELDOWNEY et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 36 A.D.2d 536, 318 N.Y.S.2d 924. Ronald L. Wozniak, Pawling, for plaintiff-appellant.
Eugene C. Nicolato, Poughkeepsie, for defendants-respondents.
Attorney, employed by town to render legal opinions on matters affecting town and community interest, brought an action against newspaper and author of article for libel. The Supreme Court, Dutchess County, entered order granting defendants' motion for summary judgment on ground that complaint did not state a cause of action and the plaintiff attorney appealed.
The Appellate Division affirmed and the plaintiff attorney appealed.
In the Court of Appeals the plaintiff asserted that he was not a public official and that a triable issue of fact was established as to malice or reckless disregard for the truth. The defendants claimed that the plaintiff was a public official, that the article concerned a matter of public interest and that the defendants did not violate their qualified privileges to critize public acts by public official and to comment upon matters of public interest.
Order affirmed, with costs. (See Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 91 S.Ct. 1811, 29 L.Ed.2d 296; New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686; Gilberg v. Goffi, 15 N.Y.2d 1023, 260 N.Y.S.2d 29, 207 N.E.2d 620, aff'g. 21 A.D.2d 517, 251 N.Y.S.2d 823.)
All concur.
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