Opinion
Argued October 20, 2000.
November 20, 2000.
In an action to recover damages for defamation, the plaintiff appeals from (1) an order of the Supreme Court, Orange County (Slobod, J.), dated September 7, 1999, which granted the defendant's motion for summary judgment dismissing the complaint, and (2) a judgment of the same court dated November 23, 1999, which dismissed the complaint.
James J. Herkenham, Slate Hill, N.Y., for appellant.
Richard B. Golden, County Attorney, Goshen, N.Y. (Susan Z. Stockburger and Susan I. Wegner of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that the defendant is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501[a][1]).
The defendant established that his statements were covered by qualified privilege (see, Schell v. Dowling, 240 A.D.2d 721). In response, the plaintiff failed to raise a triable issue of fact that the defendant's statements were false or that they were made with malice (see, Liberman v. Gelstein, 80 N.Y.2d 429, 437), or that the statements were factual in nature as opposed to expressions of opinion (see, Steinhilber v. Alphonse, 68 N.Y.2d 283; Gross v. New York Times Co., 82 N.Y.2d 146, 153).