Jee v. New York Post Co., Inc.
| Decision Date | 13 April 1999 |
| Citation | 260 A.D.2d 215,688 N.Y.S.2d 49 |
| Parties | JEAN C. JEE, Appellant,<BR>v.<BR>NEW YORK POST CO., INC., et al., Respondents, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Where, as here, defendants in a libel action brought by a public official have made out a prima facie entitlement to summary judgment, plaintiff has the burden of demonstrating with convincing clarity that the defamatory statements were motivated by actual malice (see, Freeman v Johnston, 84 NY2d 52, 56-57, cert denied 513 US 1016). Plaintiff, however, failed to meet this burden. Her challenges to defendant reporter's investigation and the credibility of the individuals who provided him with statements do not show with the requisite degree of clarity and persuasive force that defendants published the complained of statements with actual malice, i.e., that they knew the allegedly defamatory statements were false or that they published them with reckless disregard for the truth.
To continue reading
Request your trial
-
Nat'l Puerto Rican Day Parade, Inc. v. Casa Publications, Inc.
...and paid to have Casa publish his open letter. Jee v. New York Post Co., 176 Misc.2d 253, 671 N.Y.S.2d 920 [1998], affd. 260 A.D.2d 215, 688 N.Y.S.2d 49 [1999], lv. denied 93 N.Y.2d 817, 697 N.Y.S.2d 565, 719 N.E.2d 926 [1999], relied upon by Feliciano, can easily be distinguished because t......
- Fulani v. New York Times Company
- Marr v. MEYERS, JR.