Home/Appellate Division of the Supreme Court of New York/Hirsch v. Amalgamated Warbasse Houses, Inc.

Hirsch v. Amalgamated Warbasse Houses, Inc.

51 A.D.2d 568, 378 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10841
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 26, 1976
StatusPublished

This text of 51 A.D.2d 568 (Hirsch v. Amalgamated Warbasse Houses, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hirsch v. Amalgamated Warbasse Houses, Inc., 51 A.D.2d 568, 378 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10841 (N.Y. Ct. App. 1976).

Opinion

In a defamation action, plaintiff appeals from (1) an order of the Supreme Court, Kings County, dated October 18, 1974, which (a) denied her motion for summary judgment and (b) dismissed the complaint and (2) the judgment of the same court, entered thereon on September 10, 1975. Order and judgment affirmed, with $50 costs and disbursements. Since both the oral and written communications were qualifiedly privileged (see Byam v Collins, 111 NY 143, 150; Bingham v Gaynor, 203 NY 27, 31), it was "incumbent upon plaintiff to establish by evidentiary facts its allegation of actual malice” in order to surmount the privilege (Kremer Constr. Co., v Garfinkel, 31 AD2d 766; see, also, Shapiro v Health Ins. Plan of Greater N. Y., 7 NY2d 56). This the plaintiff has failed to establish. Gulotta, P. J., Latham, Hargett, Damiani and Christ, JJ., concur.

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Related

Bingham v. . Gaynor
96 N.E. 84 (New York Court of Appeals, 1911)
Byam v. . Collins
19 N.E. 75 (New York Court of Appeals, 1888)
Shapiro v. Health Insurance Plan of Greater New York
163 N.E.2d 333 (New York Court of Appeals, 1959)
Kremer Construction Co. v. Garfinkel
31 A.D.2d 766 (Appellate Division of the Supreme Court of New York, 1969)

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Bluebook (online)
51 A.D.2d 568, 378 N.Y.S.2d 762, 1976 N.Y. App. Div. LEXIS 10841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirsch-v-amalgamated-warbasse-houses-inc-nyappdiv-1976.