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N.Y. Appeals Panel Dismisses Former Knick's Defamation Suit
New York Law Journal
June 20, 2007
An appeals panel has thrown out ex-New York Knick Latrell Sprewell's defamation suit against a New York Post sportswriter.
In reversing the lower court, the Appellate Division, 1st Department, held that Sprewell failed to present any evidence that "actual malice" motivated Marc Berman to write that the basketball star may have fractured his finger by accidentally punching a wall during a fight at a party on his yacht.
"Assuming, arguendo, that defendants' statements regarding how plaintiff injured his hand and his alleged attempt to cover up the incident are false, the Post and Berman are entitled to summary judgment," Justice John T. Buckley wrote for the unanimous panel in Sprewell v. NYP Holdings, 521.
"The information was not reported as incontrovertible fact, but rather cautioned the reader that it was based on two confidential witnesses and was denied by plaintiff," Buckley said. "The record demonstrates that Berman subjectively believed the informants, whose partial description of the interior of plaintiff's boat provided additional indicia of reliability."
Members of the Knicks' management were stunned when Sprewell -- perhaps best known for choking his coach while playing for the Golden State Warriors -- showed up to training camp in September 2002 with an injured hand.
A number of sources reported that the controversial star claimed he did not know how the injury occurred or that it happened either when he "slipped and fell" on his boat or while "frantically" pulling on a rope to redirect his boat after it was struck by a particularly large wave. The injury, which Sprewell failed to discuss with Knicks management until training camp, was frequently cited by the media as a symbol of Sprewell's selfish and violent attitude and as a factor in the team's decision to trade him to the Minnesota Timberwolves two years later.
In a series of articles for the New York Post, Berman contested Sprewell's versions of the injuries' origins, reporting that he may have injured his hand during an altercation involving a drunken, vomiting woman who refused to leave his yacht party at McKinley Marina in Milwaukee.
The reports initially relied on, among other sources, two anonymous informants who claimed to have witnessed Sprewell take a swing at the drunken woman's boyfriend, but connecting with a wall of the yacht instead.
In 2002, Sprewell initiated a defamation claim against Berman; the Post's owner, NYP Holdings; and Berman's two anonymous sources for his story. He later moved to preclude the defense from relying on confidential sources in its summary judgment motion.
In April 2006, Manhattan Supreme Court Justice Marcy S. Friedman granted Sprewell's motion and, concomitantly, denied in part the defense's motion for summary judgment.
Tuesday, the Appellate Division, 1st Department, reversed, granting summary judgment and dismissing the case.
In finding that Berman lacked the "actual malice" required in defamation suits brought on behalf of public figures, Buckley cited among other factors Berman's diligent reporting, as well as his subjective belief in the veracity of his informants.
"Berman and the Post did not rely exclusively on the informants' accounts, either in the articles or their summary judgment motion," Buckley wrote.
"Berman sought to verify or disprove the claims, by seeking comments from plaintiff, via his agent and publicist, and speaking with personnel within the Knicks organization, including the team coach, a public relations representative, and a confidential source, as well as seeking out three doctors, the Milwaukee Police Department, the Milwaukee Journal, and the McKinley Marina," he said. "Those investigative efforts demonstrate that Berman did not deliberately fail to seek confirmatory information or otherwise act with reckless disregard for the truth."
Slade R. Metcalf and Jeffrey O. Osborn of Hogan & Hartson represented the defendants.
"I think the court really has told journalists and newspapers that they don't have to reveal the identity of confidential sources to prevail on summary judgment," Metcalf said. "If you have done significant additional newsgathering in order to prepare for publication, you can still prevail."
Rodney A. Smolla, the former dean of the University of Richmond Law School who next month will become dean of Washington and Lee Law School, last represented Sprewell before Justice Friedman. He could not be reached for comment.
On appeal before the 1st Department, no appearance was made or brief was filed on Sprewell's behalf.
