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60 N.Y.2d 916

Springer v. Viking Press

New York Court of Appeals

Decided November 23, 1983

New York Court of Appeals · decided 1983-11-23

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-23

How this case has been cited

Cited by 27 later decisions — most recently April 2017 · most notably Church of Scientology International v. Time Warner, Inc. (1992), 991 F. Supp. 343 - Cerasani v. Sony Corp. (1998)

3 federal appellate ·

1501983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1opinion of the court

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed, with costs.

¶4Whether chapter 10 of the book “State of Grace” defamed plaintiff is the only issue before us. We agree with the Appellate Division that whether the complaint sufficiently alleges that the Lisa Blake, portrayed in that chapter as a whore, refers to plaintiff is a matter for the court, and that the similarity of given name, physical height, weight and build, incidental grooming habits and recreational activities of plaintiff and Lisa Blake, a minor character in a work of fiction, are insufficient to establish that the publication was “of and concerning” plaintiff (Carlucci v Poughkeepsie Newspapers, 57 NY2d 883; Allen v Gordon, 56 NY2d 780, affg 86 AD2d 514; Sydney v MacFadden Newspaper Pub. Corp., 242 NY 208, 214; Lyons v New Amer. Lib., 78 AD2d 723, app withdrawn 53 NY2d 704).

¶5Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

¶6Order affirmed, with costs, in a memorandum.

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