LIBERMAN v. GELSTEIN


80 N.Y.2d 429 (1992)

Barnet L. Liberman, Appellant, v. Leonard Gelstein, Respondent.

Court of Appeals of the State of New York.

Decided November 24, 1992.


Attorney(s) appearing for the Case

Dechert Price & Rhoads, New York City (Robert A. Cohen and Owen D. Kalt of counsel), for appellant.

Gordon & Silber, P. C., New York City (Peter Pearson Traub, Jr., of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., and BELLACOSA concur with Judge KAYE; Judge SMITH dissents in part and votes to modify in a separate opinion.


KAYE, J.

In this action for slander, we consider whether the plaintiff has stated a viable claim without any showing of special damages, whether the alleged slander is protected by qualified privilege, and whether there is a triable issue of fact as to malice. We conclude that plaintiff's claims were correctly dismissed on summary judgment.

I.

Before us is one of eight actions, consolidated...

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