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· 9/21/2023

Matter of Lundy v. Annucci

Citations

  • 195 N.Y.S.3d 326
  • 219 A.D.3d 1622
  • 2023 NY Slip Op 04695

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that district courts can limit the scope of discoverable material to ensure that Rule 1 is followed
  • noting that a plaintiff may “rarely be successful in proving awareness of falsehood from the mouth of the defendant himself’
  • holding that the relevancy of deposing a defendant publisher in a defamation case about his conduct and mental state could “hardly be doubted” even if the defendant was unlikely to admit to liable conduct in the deposition
  • stating that evidence of editorial process is essential to proving actual malice with “convincing clarity”
  • stating that Rule 26(b)(1) “should be firmly applied” and that “judges should not hesitate to exercise appropriate control over the discovery process”
  • stating that the “existence of actual malice may be shown in many ways,” including by circumstantial evidence of “subsequent statements of the defendant”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.