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Trinkaus v. Metropolitan Life Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 988 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Oneida County, Grow, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in failing to dismiss plaintiffs' first and second causes of action for defamation. An action to recover damages for libel and slander must be commenced within one year (CPLR 215; Karam v. First Am. Bank, 190 A.D.2d 1017, 1018). The record establishes that the alleged defamatory statements were made some time in the fall of 1990, shortly after plaintiffs' termination from employment on September 17, 1990. The note of issue filed by plaintiffs establishes that the instant action was commenced on January 14, 1992. Because the action was commenced more than one year after the allegedly defamatory statements were made, it is time-barred (see, CPLR 215; Seymour v. New York State Elec. Gas, 215 A.D.2d 971).

Therefore, we modify the order on appeal by granting defendant's motion for summary judgment dismissing plaintiffs' first and second causes of action.


Summaries of

Trinkaus v. Metropolitan Life Insurance Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 988 (N.Y. App. Div. 1996)
Case details for

Trinkaus v. Metropolitan Life Insurance Co.

Case Details

Full title:MICHAEL TRINKAUS et al., Respondents-Appellants, v. METROPOLITAN LIFE…

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

Date published: Feb 2, 1996

Citations

224 A.D.2d 988 (N.Y. App. Div. 1996)
637 N.Y.S.2d 736