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Baines v. Daily News LP

Claims Statements in Article on Victim Not of Public Concern Denied in Defamation Suit

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DECISION & ORDER

*1 In this defamation action, plaintiff Donnell Baines moves for leave to amend his complaint, pursuant to CPLR 3025 (b). The motion is partially opposed by defendant Daily News, L.P., Janon Fisher, Tracy Connor, Shayna Jacobs and John Does #’s 1, 2, 3 and 4 (collectively, the Daily News defendants). Specifically, the Daily News defendants raise two objections to the proposed amendment. First, they object to the plaintiff’s inclusion of allegations that the matters reported on in the subject news article were not a matter of public concern. Second, they object to the plaintiff’s addition of the following new defendants: Peggy Ackerman, Matthew Leish, Sarah Ryley, “John Doe Confidential Source,” Katie Nelson, Robert Moore, and Gersh Kuntzman.The original complaint in this action was filed on October 21, 2013. In that complaint, plaintiff Donnell Baines sued to recover damages for alleged “Libel, Slander, Defamation, and Injurious Falsehood” arising out of his criminal trial and subsequent conviction of rape, assault and unlawful imprisonment. The original complaint alleged three causes of action based on: (1) statements about him by defendant “Jane Doe A.K.A. Barbara” (Jane Doe); (2) a news article based on those statements, entitled “Torture of Guilt. Vic: I kept quiet before sex fiend abused

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