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Hirsch v. Amalgamated Warbasse Houses, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 568 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In a defamation action, plaintiff appeals from (1) an order of the Supreme Court, Kings County, dated October 18, 1974, which (a) denied her motion for summary judgment and (b) dismissed the complaint and (2) the judgment of the same court, entered thereon on September 10, 1975. Order and judgment affirmed, with $50 costs and disbursements. Since both the oral and written communications were qualifiedly privileged (see Byam v Collins, 111 N.Y. 143, 150; Bingham v Gaynor, 203 N.Y. 27, 31), it was "incumbent upon plaintiff to establish by evidentiary facts its allegation of actual malice" in order to surmount the privilege (Kremer Constr. Co., v Garfinkel, 31 A.D.2d 766; see, also, Shapiro v Health Ins. Plan of Greater N.Y., 7 N.Y.2d 56). This the plaintiff has failed to establish. Gulotta, P.J., Latham, Margett, Damiani and Christ, JJ., concur.


Summaries of

Hirsch v. Amalgamated Warbasse Houses, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 568 (N.Y. App. Div. 1976)
Case details for

Hirsch v. Amalgamated Warbasse Houses, Inc.

Case Details

Full title:SONDRA R. HIRSCH, Appellant, v. AMALGAMATED WARBASSE HOUSES, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1976

Citations

51 A.D.2d 568 (N.Y. App. Div. 1976)