Smith v. Collins

Appellate Division of the Supreme Court of New York

Smith v. Collins

221 A.D.2d 518, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 11963

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 1995

StatusPublished

Cited by3 cases

This text of 221 A.D.2d 518 (Smith v. Collins) 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

Smith v. Collins, 221 A.D.2d 518, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 11963 (N.Y. Ct. App. 1995).

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Opinion

—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered August 4, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The alleged defamatory statements were made by the defendant while acting in the discharge of her duties within the scope of her employment. Accordingly, the plaintiff was

[519]*519required to serve a notice of claim prior to commencement of the action, and her failure to do so justified dismissal of the action (see, Education Law § 3813 [2]; Agins v Darmstadter, 153 AD2d 600). Mangano, P. J., Miller, Santucci and Hart, JJ., concur.

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—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered August 4, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The alleged defamatory statements were made by the defendant while acting in the discharge of her duties within the scope of her employment. Accordingly, the plaintiff was

[519]*519required to serve a notice of claim prior to commencement of the action, and her failure to do so justified dismissal of the action (see, Education Law § 3813 [2]; Agins v Darmstadter, 153 AD2d 600). Mangano, P. J., Miller, Santucci and Hart, JJ., concur.

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Bluebook (online)

221 A.D.2d 518, 634 N.Y.S.2d 401, 1995 N.Y. App. Div. LEXIS 11963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-collins-nyappdiv-1995.

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