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Rezey v. Golub Corp.

417 N.E.2d 558, 52 N.Y.2d 713, 436 N.Y.S.2d 264, 1980 N.Y. LEXIS 2831
CourtNew York Court of Appeals
DecidedDecember 16, 1980
StatusPublished
Cited by5 cases

This text of 417 N.E.2d 558 (Rezey v. Golub Corp.) 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
Rezey v. Golub Corp., 417 N.E.2d 558, 52 N.Y.2d 713, 436 N.Y.S.2d 264, 1980 N.Y. LEXIS 2831 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The jury was charged, without exception, that defendant’s statements were qualifiedly privileged. It was therefore incumbent upon plaintiff to prove that the statements were false and that the defendants were actuated by express malice or actual ill will (see, e.g., Ashcroft v Hammond, 197 NY 488, 495). Since plaintiff failed to do so, the complaint was properly dismissed.

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

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
417 N.E.2d 558, 52 N.Y.2d 713, 436 N.Y.S.2d 264, 1980 N.Y. LEXIS 2831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rezey-v-golub-corp-ny-1980.