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  5. 14 N.Y.2d 108 (1964)
 

SHERIDAN v. CRISONA

14 N.Y.2d 108 (1964)

James C. Sheridan, Respondent, v. James J. Crisona, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 1964.

Attorney(s) appearing for the Case

Stephen P. Duggan, Jr., Thomas W. Evans and E. Douglas Hamilton for appellant.

Howard P. Fritz and Thomas J. Donohue, Jr., for respondent.

Opinion by Judge SCILEPPI in which Chief Judge DESMOND and Judges FULD and BERGAN concur; Judge VAN VOORHIS concurs in the result in the following memorandum: I agree with Judge DYE that qualified privilege rather than absolute privilege is the rule to be applied, but consider that the record discloses an absence of evidence of actual malice upon the part of the defendant. Therefore, I vote to dismiss the complaint. Judge DYE dissents and votes to affirm in a separate opinion; Judge BURKE taking no part.

SCILEPPI, J.

On or about March 5, 1958, defendant, then serving as President of the Borough of Queens and as a member of the Board of Estimate of the City of New York, submitted a report to the Mayor, copies of which eventually also were delivered to other members of the board, concerning the city's acquisition by condemnation of real property located on the Rockaway Peninsula in Queens, known as Edgemere Park...

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