Steinbrenner v. Esquire Reporting Company, Inc.
United States District Court for the Southern District of New York
1991 WL 102540 (1991)
- Written by Steven Pacht, JD
Facts
George Steinbrenner (plaintiff) was the principal owner and managing general partner of the New York Yankees (Yankees). In March 1990, Francis T. Vincent, the commissioner of Major League Baseball, began investigating Steinbrenner’s conduct. Vincent retained John Dowd to conduct a preliminary investigation. Dowd’s investigation primarily consisted of interviews, all of which were transcribed by Phillip C. Rizzuti (defendant), a stenographer employed by Esquire Reporting Company (defendant). The participants agreed that only Dowd would receive the interview transcripts. At Dowd’s request, Rizzuti made stylistic or grammatical revisions to the transcripts (such as correcting typographical errors and other nonsubstantive modifications), which Rizzuti believed did not affect the transcripts’ meaning. The witnesses were not notified of these revisions, which Rizzuti believed was proper because only Dowd was to receive the transcripts. Steinbrenner ultimately discovered that the transcripts had been revised, which led him to try to verify the transcripts’ accuracy by comparing them against Rizzuti’s notes (rather than by the less-expensive method of examining marked-up transcript drafts showing all modifications). Based on changes to the transcript of his own interview, Steinbrenner demanded Vincent end the investigation; Vincent declined that demand. After negotiations with Steinbrenner (in which Steinbrenner did not raise any transcript-related issues), Vincent permanently banned Steinbrenner from serving as the Yankees’ general managing partner. Pursuant to the Steinbrenner-Vincent agreement, Steinbrenner released any legal claims against Vincent or any of his representatives. Steinbrenner proceeded to sue Esquire Reporting Company, Rizzuti, and Malcolm L. Elvey (collectively, Esquire) (defendants) under New York law for notarial misconduct, injurious falsehood, and breach of fiduciary duty. Steinbrenner sought $530,000 in damages to recoup his expenses in analyzing the transcripts. Esquire moved for summary judgment, arguing that the release barred Steinbrenner’s claims because Esquire reasonably believed it was Vincent’s representative and that Steinbrenner did not raise a triable issue of fact that, among other things, the transcript changes were material or that Esquire proximately caused his claimed damage. Steinbrenner responded with an affidavit stating his belief that Esquire was not a representative of Vincent.
Rule of Law
Issue
Holding and Reasoning (Sweet, J.)
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