Home/New York Court of Appeals/Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia

Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia

339 N.E.2d 888, 37 N.Y.2d 824, 377 N.Y.S.2d 482, 1975 N.Y. LEXIS 2211
CourtNew York Court of Appeals
DecidedOctober 16, 1975
StatusPublished
Cited by16 cases

This text of 339 N.E.2d 888 (Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia, 339 N.E.2d 888, 37 N.Y.2d 824, 377 N.Y.S.2d 482, 1975 N.Y. LEXIS 2211 (N.Y. 1975).

Opinion

Memorandum. The order of the Appellate Division should be affirmed.

The alleged libelous communication was from one banking institution to another relative to the banking affairs of a customer of both institutions as to which each had a direct [826]*826and substantial interest. As such it was subject to a qualified privilege. In neither pleadings nor supporting papers do plaintiffs allege evidentiary facts which, by themselves or in consequence of inferences fairly to be drawn from them, raise any triable issue of fact as to malice on the part of defendant bank.

Similarly with respect to the intentional tort alleged in the fourth cause of action, plaintiff raises no triable issue of fact as to intent on the part of defendant to injure plaintiffs. Nor is there any allegation in pleadings or supporting papers of special damages.

In these circumstances defendant’s motion for summary judgment was properly granted as to the first, second,, and fourth causes of action. We do not reach the other defenses advanced by defendant.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
339 N.E.2d 888, 37 N.Y.2d 824, 377 N.Y.S.2d 482, 1975 N.Y. LEXIS 2211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-motor-parts-ltd-v-bank-of-nova-scotia-ny-1975.