Howard v. Buffalo Evening News, Inc.
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | Before SIMONS |
| Citation | 453 N.Y.S.2d 516,89 A.D.2d 793 |
| Parties | , 8 Media L. Rep. 2592 Robert HOWARD and Howard Communications, Inc., Appellants, v. BUFFALO EVENING NEWS, INC. and Howard Crowther, Respondents. |
| Decision Date | 09 July 1982 |
Page 516
v.
BUFFALO EVENING NEWS, INC. and Howard Crowther, Respondents.
Fourth Department.
Page 517
Lipsitz, Green, Fahringer, Roll, Schuller & James by Frank S. Kedzielawa, Buffalo, for appellants.
Jaeckle, Fleischmann & Mugel by John H. Stenger, Buffalo, for respondents.
Before SIMONS, J. P., and DOERR, DENMAN and BOOMER, JJ.
MEMORANDUM:
We agree with the trial justice that, as a matter of law, the alleged defamatory statement in the article of December 5, 1974 was not of and concerning the plaintiff and that, with respect to the article of March 11, 1975, the plaintiffs were public figures. "The essential element underlying the category of public figures is that the publicized person has taken an affirmative step to attract public attention." (James v. Gannett Co., 40 N.Y.2d 415, 422, 386 N.Y.S.2d 871, 353 N.E.2d 834.) The plaintiff corporation, through its owner, Howard, sought favorable publicity for its newly acquired radio stations and Howard voluntarily entered the public forum to influence public opinion. Moreover, the plaintiffs enjoyed significantly greater access to the channels of communication than a private person (Gertz v. Robert Welch, Inc., 418 U.S. 323, 344, 94 S.Ct. 2997, 3009, 41 L.Ed.2d 789). Thus, for the purpose of the subject matter of the alleged defamatory article, the plaintiffs were public personalities (James v. Gannett Co., supra, 40 N.Y.2d p. 423, 386 N.Y.S.2d 871, 353 N.E.2d 834).
Judgment unanimously affirmed, with costs.
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