Elibol v. Berkshire-Hathaway, Inc.
Opinion of the Court
—Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered July 30, 2001, which granted defendants’ motion for summary judgment dismissing the complaint,
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint in this defamation action. The action arises from an article published in the Buffalo News concerning three physicians disciplined for misconduct by the State Board for Professional Medical
Nevertheless, we conclude that the court properly determined that defendants are entitled to summary judgment dismissing the complaint. Defendants met their initial burden by establishing that they did not act in a “grossly irresponsible manner” in researching and publishing the article (Chapadeau v Utica Observer-Dispatch, 38 NY2d 196, 199; see generally McCormack v County of Westchester, 286 AD2d 24, 30), and plaintiff failed to raise an issue of fact (see Bytner v Capital Newspaper, Div. of Hearst Corp., 112 AD2d 666, 668, affd 67 NY2d 914; Fowler v American Lawyer Media, 282 AD2d 340, lv denied 96 NY2d 716; see also Pellegrino v Buffalo News, 265 AD2d 841). Present — Pine, J.P., Wisner, Hurlbutt, Scudder and Burns, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.