Citation Numbers: 101 A.D.2d 1002, 477 N.Y.S.2d 72, 10 Media L. Rep. (BNA) 1933, 1984 N.Y. App. Div. LEXIS 18724
Filed Date: 5/25/1984
Status: Precedential
Modified Date: 10/28/2024
Judgment, insofar as it awards plaintiff $150,000 compensatory damages and $100,000 punitive damages, unanimously reversed, on the facts, and new trial granted on the issue of such damages only, unless plaintiff shall, within 20 days of service of a copy of the order herein with notice of entry, stipulate to reduce the award of compensatory damages to $5,000 and the award of punitive damages to $15,000 in which case the judgment is modified, and, as modified, affirmed, without costs. Memorandum: Plaintiff commenced this libel action after defendant, the Oswego County Sheriff, terminated his employment as Under sheriff and issued a “news release” stating “that the reason for his dismissal was [his] unprofessional conduct causing internal strife within the Department.” Defendant appeals from a jury verdict awarding plaintiff $150,000 compensatory and $100,000 punitive damages. The New York Times Co. v Sullivan (376 US 254) standard was charged to the jury and is the law of the case under which the legal sufficiency of plaintiff’s proof must be assessed (see Bichler v Lilly & Co., 55 NY2d 571, 584). Our review of the record reflects that sufficient evidence was adduced at trial from which the jury could find, as it did, that the statement contained in the news release was false and that defendant either knew it was false or recklessly disregarded the truth when he made it. There is no merit to defendant’s contention that the statement is absolutely privileged because of his position as Sheriff (see Stanwick v A.R.A. Servs., 88 AD2d 767, 768) or as an expression of opinion (see Rinaldi v Holt, Rinehart & Winston, 42 NY2d 369, 380, cert den 434 US 969; Bruno v New York News, 89 AD2d 260, 264). 11 However, in our view the amount of damages is shockingly excessive. Although injury to reputation is presumed if the defamation is libelous per se (see Hinsdale v Orange County Pub., 17 NY2d 284, 288), the proof here falls short of establishing that plaintiff