New York Court of Appeals, 1986

Bytner v. Capital Newspapers

New York Court of Appeals · Decided April 3, 1986

67 N.Y.2d 914; 492 N.E.2d 1228; 501 N.Y.S.2d 812; 12 Media L. Rep. (BNA) 2136; 1986 N.Y. LEXIS 18014

Cases that cite this one

6 later published cases cite this decision.

Jewell v. NYP Holdings, Inc. (District Court, S.D. New York 1998)
Cowan v. Powell (N.M. Ct. App. 1993)
Yonaty v. Mincolla (Appellate Division of the Supreme Court of New York 2012)
Yonaty v. Mincolla (Appellate Division of the Supreme Court of New York 2012)
Elibol v. Berkshire-Hathaway, Inc. (Appellate Division of the Supreme Court of New York 2002)
White v. Tarbell (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that the civil rights cause of action was properly dismissed by Special Term on the ground that the publication was newsworthy and not for the purpose of advertising or trade. (See, Stephano v News Group Pub., 64 NY2d 174, 184.) The defamation cause of action was, likewise, properly dismissed. The contested photograph and caption are not reasonably susceptible of a meaning defamatory to the public figure misidentified in the caption as the individual depicted in the photograph. (See, James v Gannett Co., 40 NY2d 415, 419-420.)

Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum; Chief Judge Wachtler taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.