Rezey v. Golub Corporation

Full title: TOFICK REZEY, Appellant, v. GOLUB CORPORATION et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Dec 16, 1980

417 N.E.2d 558 (N.Y. 1980)

417 N.E.2d 558

436 N.Y.S.2d 264

Opinion

Argued November 10, 1980

Decided December 16, 1980

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.

Robert M. Cohen and Paul T. Devane for appellant.

Carroll J. Mealey for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The jury was charged, without exception, that defendant's statements were qualifiedly privileged. It was therefore incumbent upon plaintiff to prove that the statements were false and that the defendants were actuated by express malice or actual ill will (see, e.g., Ashcroft v Hammond, 197 N.Y. 488, 495). Since plaintiff failed to do so, the complaint was properly dismissed.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.