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GLANTZ v. SCOPPETTA

69 A.D.2d 751 (1979)

Harold Glantz, Appellant, v. Nicholas Scoppetta, Individually and as Commissioner of Investigations of The City of New York, Respondent

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

April 3, 1979

The plaintiff contends that he was defamed by statements in a letter written by the defendant, as Commissioner of Investigations of the City of New York, in reply to an inquiry by another city official with respect to the plaintiff's background. The defendant acted in his official capacity, and therefore, he has a qualified privilege. (Toker v Pollak, 44 N.Y.2d 211.) Accordingly, the burden of showing that the privilege was negated...

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