SCALLY v. KOVAC


49 A.D.2d 953 (1975)

John Scally, Jr., Respondent, v. Ivan Kovac, Defendant and Third-Party Plaintiff-Appellant; Dale Systems, Incorporated, Third-Party Defendant-Respondent

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

October 28, 1975


Order affirmed, with one bill of costs jointly to respondents.

The record on this appeal supports (1) the finding by the learned Trial Judge that defendant "impugned the character, integrity and reputation of the Plaintiff without just cause, with malice and [upon] unfounded suspicion" and (2) the award of damages made. Similarly, the dismissal of the third-party complaint was proper. The third-party defendant was not responsible...

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