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

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the trial court’s instruction that the retraction was false as a matter of law improperly removed the jury’s fact‑finding role on credibility and actual malice, and that the plaintiff had satisfied the clear‑and‑convincing‑evidence burden for actual malice; consequently a new trial was ordered. Justice Levine, in a concurring‑in‑part/dissenting‑in‑part opinion, agreed with the reversal on the instruction issue but would dismiss the case for lack of actual‑malice proof.