DUFFY v. KIPERS


26 A.D.2d 127 (1966)

Estelle C. Duffy, Respondent, v. Frank F. Kipers, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 30, 1966.


Attorney(s) appearing for the Case

Donald E. Robinson and Edmund Clynes for appellant.

Bernstein & Bernstein (Seymour Bernstein of counsel), for respondent.

BASTOW, J. P., GOLDMAN, HENRY, DEL VECCHIO and MARSH, JJ., concur.


Per Curiam.

Plaintiff-respondent, an appointed Deputy Town Clerk of the Town of Gates, Monroe County, recovered judgment against defendant-appellant, the Town Supervisor, for alleged libel and slander against her growing out of shortages of tax moneys. Appellant urges that there was no proof of malice and that he had an absolute privilege, by reason of his public office, to make the statements he uttered concerning the shortages. With this position we agree...

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