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RATHER v. CBS CORP.

475, 475A, 475B, 475C.

68 A.D.3d 49 (2009)

2009 NY Slip Op 6738

886 N.Y.S.2d 121

DAN RATHER, Respondent-Appellant, v. CBS CORPORATION, Appellant-Respondent, and VIACOM, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges LLP, New York City (James W. Quinn, Mindy J. Spector and Yehudah L. Buchweitz of counsel), and CBS Law Department, New York City (Anthony M. Bongiorno and Mary Catherine Woods of counsel), for appellant-respondent and respondents.

Sonnenschein Nath & Rosenthal LLP, New York City (Martin R. Gold, Gary Meyerhoff, Edward J. Reich, Daniel Pancotti and Zhubin Parang of counsel), for respondent-appellant.

GONZALEZ, P.J., BUCKLEY, McGUIRE and RENWICK, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

This action asserting breach of contract and related tort claims arises out of a September 8, 2004 broadcast that plaintiff Dan Rather narrated on the CBS 60 Minutes II television program about then President George W. Bush's service in the Texas Air National Guard. Rather alleges that CBS disavowed the broadcast after it was attacked by Bush supporters, and fraudulently induced him to apologize personally for the broadcast...

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