Pollnow v. Poughkeepsie Newspapers, Inc.
| Decision Date | 18 March 1986 |
| Citation | 492 N.E.2d 125,67 N.Y.2d 778,501 N.Y.S.2d 17 |
| Parties | , 492 N.E.2d 125, 12 Media L. Rep. 1910 William POLLNOW et al., Appellants, v. POUGHKEEPSIE NEWSPAPERS, INC., et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 107 A.D.2d 10, 486 N.Y.S.2d 11, should be affirmed, with costs. The certified question is answered in the affirmative.
Plaintiffs commenced this action alleging that letters written by defendant Bartelemucci and printed in a newspaper published by defendant Poughkeepsie Newspapers, Inc. defamed the 17-year-old infant plaintiff by falsely accusing him of criminal conduct. The letters described his conduct and commented critically on actions of the police officials and courts responsible for handling the charges against him.
Poughkeepsie Newspapers, Inc. moved to dismiss the complaint for failure to state a cause of action and also for summary judgment. Its supporting papers contained affidavits by employees of the newspaper in which they alleged facts which they claimed established the accuracy of the statements published and the absence of any irresponsible conduct on their part in approving publication. Confronted with this submission, the burden rested upon plaintiffs to establish that the alleged defamatory statements were false (see, Fairley v. Peekskill Star Corp., 83 A.D.2d 294, 297, 445 N.Y.S.2d 156; Wilson v. Scripps-Howard Broadcasting Co., 642 F.2d 371; Prosser and Keeton, Torts § 116, at 839 et seq. [5th ed.] ). They failed to respond to the newspapers motion with evidence by the infant plaintiff, however, or anyone else having knowledge of the accuracy of the accusations but relied entirely on a verified complaint executed by the infant plaintiff's mother. Although CPLR 105(t) permits a verified pleading to be used as an affidavit, and thus this pleading was properly submitted in opposition to defendant's motion for summary judgment, the infant's mother did not have personal knowledge of the incident and her verified complaint was not sufficient to raise a question of fact on the issue of falsity. Accordingly, the newspaper's motion for summary judgment was properly granted (see, ...
To continue reading
Request your trial
-
Moraes v. White
...569 (N.Y. Fam. Ct. 1975) ; Pollnow v. Poughkeepsie Newspapers, Inc. , 107 A.D.2d 10, 486 N.Y.S.2d 11 (1985), aff'd , 67 N.Y.2d 778, 501 N.Y.S.2d 17, 492 N.E.2d 125 (1986) (applying Chapadeau standard to non-media defendant). That standard imposes a higher bar than negligence, but a lower on......
-
Immuno AG. v. Moor-Jankowski
...quoted in Pollnow v. Poughkeepsie Newspapers, 107 A.D.2d 10, 16, 486 N.Y.S.2d 11 [Titone, J.], aff'd on other grounds, 67 N.Y.2d 778, 501 N.Y.S.2d 17, 492 N.E.2d 125.) The availability of such a forum is important not only because it allows persons or groups with views on a subject of publi......
-
King v. Tanner
...of "ill will or spite" (Pollnow v. Poughkeepsie News, 107 A.D.2d 10, 14, n. 2, 486 N.Y.S.2d 11, (2nd Dept.1985) aff'd. 67 N.Y.2d 778, 501 N.Y.S.2d 17, 492 N.E.2d 125) "or culpable recklessness or negligence". (Stukuls v. State of New York, 42 N.Y.2d 272, 397 N.Y.S.2d 740, 366 N.E.2d 829. Co......
-
Lee v. City of Rochester
...Pollnow v. Poughkeepsie Newspapers, Inc., 107 A.D.2d 10, 16, 486 N.Y.S.2d 11 (2d Dept.1985), affd. on other gr. 67 N.Y.2d 778, 780, 501 N.Y.S.2d 17, 492 N.E.2d 125 (1986). See discussion, 2 N.Y. PJI 3:23A, comment at 119 (1997 Cum.Supp.). See also, Foretich v. Capital Cities/ABC, Inc., 37 F......