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McCORMACK v. WESTCHESTER

286 A.D.2d 24 (2001)

731 N.Y.S.2d 58

STELLA A. McCORMACK et al., Respondents, v. COUNTY OF WESTCHESTER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 1, 2001.

Attorney(s) appearing for the Case

Banks Shapiro & Gettinger, L. L. P., Mount Kisco (Mona D. Shapiro of counsel), for County of Westchester and another appellants.

Adam Liptak, New York City and Corbin Silverman & Sanseverino, L. L. P. (John J. Gallagher of counsel), for New York Times and others, appellants. (One brief filed.)

James William Hubert, White Plains, for respondents.

BRACKEN, P. J., O'BRIEN and SMITH, JJ., concur.

OPINION OF THE COURT

COZIER, J.

This is an action to recover damages for defamation, breach of the duty of confidentiality, breach of contract, and violations of Civil Rights Law §§ 50 and 51, in connection with the publication of a photograph and accompanying article that appeared in the Westchester Weekly Section of the Sunday New York Times.

The plaintiff Stella A. McCormack was admitted into the Westchester County Medical Center (hereinafter...

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