HANDLIN v. BURKHART


220 A.D.2d 559 (1995)

632 N.Y.S.2d 608

Walter Handlin et al., Appellants, v. V. Renato Burkhart et al., Respondents

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

October 16, 1995


Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, the plaintiff Walter Handlin did in fact consent to have the allegedly defamatory report delivered to the union. A plaintiff who authorizes an agent to make an inquiry on his behalf is not to be charged with consent to a defamatory statement made in reply to the inquiry, unless he or she had reason to anticipate that the response might be a defamatory one (see, Teichner...

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