John Prozeralik, Respondent v. Capital Cities Communications, Inc., Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial because the trial court’s instruction that the retraction was false as a matter of law improperly removed the jury’s role in assessing credibility and actual malice. The majority held that the plaintiff, a public figure, had presented sufficient evidence of actual malice, while the dissent would have dismissed the case for lack of such proof.