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KIPPER v. NYP HOLDINGS CO.

12 N.Y.3d 348 (2009)

DAVID A. KIPPER, M.D., Appellant, et al., Plaintiff, v. NYP HOLDINGS CO., INC., Doing Business as THE NEW YORK POST, Respondent.

Court of Appeals of New York.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros, LLC, New York City (David Jaroslawicz, Robert J. Tolchin and Elizabeth Eilender of counsel), for appellant.

Hogan & Hartson LLP, New York City (Slade R. Metcalf, Katherine M. Bolger and Rachel F. Strom of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we must determine whether the summary judgment record contains clear and convincing evidence that defendant published a false and defamatory statement concerning the revocation of plaintiff's medical license with "actual malice," as defined in New York Times Co. v Sullivan (376 U.S. 254 [1964]). Because it does not, we affirm...

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