Fitzgerald v. Herald Co.

— Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: The court erred in granting the motion of defendants Kriss and The Herald Company for summary judgment dismissing the plaintiff’s complaint in a libel action. A factual issue exists whether the reporter, who drew erroneous conclusions from his observations at a DWI roadblock and did not attempt to verify the identity of the person arrested with any official source, acted with gross irresponsibility within the meaning of Chapadeau v Utica Observer-Dispatch ( 38 NY2d 196 , 199). The court also erred in finding that plaintiff has not alleged actionable damages. Her complaint alleges injury to credit and reputation as well as emotional distress and anguish (see, Hogan v Herald Co., 84 AD2d 470 , 481, affd for reasons in opn below 58 NY2d 630 ). (Appeal from order of Supreme Court, Onondaga County, Lynch, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Green and Pine, JJ.