Opinion
September 30, 1994
Appeal from the Supreme Court, Chautauqua County, Gerace, J.
Present — Green, J.P., Pine, Callahan and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted part of plaintiff's motion to compel disclosure. Because plaintiff must prove malice, he is entitled to disclosure of evidence of defendants' knowledge and motivation at the time the alleged defamatory statements were made (see, Mansour v. Abrams, 144 A.D.2d 905; see generally, Freeman v Johnston, 84 N.Y.2d 52; Liberman v. Gelstein, 80 N.Y.2d 429). The court also properly denied defendants' cross motion for summary judgment (see, CPLR 3212 [f]; Blue Bird Coach Lines v. 107 Delaware Ave., 125 A.D.2d 971; see also, Mansour v. Abrams, supra).