New York Court of Appeals

David A. Kipper, M.D. v. NYP Holdings Co., Inc., Doing Business as the New York Post

April 30, 200912 N.Y.3d 348

Summary

The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment to the New York Post, holding that the plaintiff failed to produce clear and convincing evidence that the false statement about his medical license was published with actual malice. The court explained that negligence or a failure to fact‑check does not satisfy the actual malice standard for a public figure.