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Carlucci v. Poughkeepsie Newspapers, Inc.

57 N.Y.2d 883 Court N.Y. Decision date 1982-10-14 English

Contents

Majority

p. 883
Harold Carlucci et al., Plaintiffs, and Osborne Hill Grocery, Inc., Appellant, v Poughkeepsie Newspapers, Inc., et al., Respondents.
Decided October 14, 1982
p. 884
APPEARANCES OF COUNSEL
Richard I. Goldsand for appellant.
Robert C. Bernius for respondents.

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs.

p. 885
We do not reach the issue of gross irresponsibility decided by the Appellate Division because we conclude, as a matter of law, that the article was not of and concerning the corporation. The reading public acquainted with the parties and the subject (see Sydney v Macfadden Newspaper Pub. Corp., 242 NY 208 , 214) could not take the article, which never mentioned the corporation, stated that the individual named was the owner of the store and referred only to his gambling activity, as “of and concerning” the corporation, the more particularly because a corporation cannot be arrested.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer concur; Judge Gabrielli taking no part.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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