From Casetext: Smarter Legal Research

Sheehan v. Baskin

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 412 (N.Y. App. Div. 2002)

Opinion

896

April 30, 2002.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about December 20, 2000, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Cabrian J. Sheehan, plaintiff-appellant, pro se.

Jason R. Leventhal, for defendant-respondent.

Before: Williams, P.J., Tom, Mazzarelli, Andrias, Friedman, JJ.


Defendant was specifically ordered by the court to perform an assessment and evaluation of supervised visitation between plaintiff and his daughter, and prepare a report of her findings. This being the case, the report submitted by defendant to the court was absolutely privileged and thus may not be utilized as a predicate for liability in a defamation action (see, Missick v. Big V Supermarkets, Inc., 115 A.D.2d 808, appeal dismissed 67 N.Y.2d 938). Accordingly, plaintiff's defamation action, premised upon statements made in defendant's supervised visitation report, was properly dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Sheehan v. Baskin

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 412 (N.Y. App. Div. 2002)
Case details for

Sheehan v. Baskin

Case Details

Full title:BRIAN J. SHEEHAN, PLAINTIFF-APPELLANT, v. JEANNETTE C. BASKIN…

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

Date published: Apr 30, 2002

Citations

293 A.D.2d 412 (N.Y. App. Div. 2002)
740 N.Y.S.2d 853