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CAPLAN v. WINSLETT

218 A.D.2d 148 (1996)

637 N.Y.S.2d 967

Neil H. Caplan, Appellant-Respondent, v. Usher T. Winslett et al., Respondents-Appellants

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

February 29, 1996

Attorney(s) appearing for the Case

Ridley M. Whitaker and Anju Uchima for appellant-respondent.

Robert F. Brodegaard of counsel (Thacher Proffitt & Wood, attorneys), for respondents-appellants.

SULLIVAN, J. P., RUBIN and MAZZARELLI, JJ., concur with opinion by WALLACH, J.; ELLERIN, J., concurs in a separate opinion.

WALLACH, J.

Plaintiff, a former employee of defendant corporations (grain companies), appeals from an order dismissing his complaint which alleged two separate, slanderous utterances: (1) a remark assertedly made by defendant Winslett on April 16, 1993 (words around the courthouse), and (2) remarks assertedly made by plaintiff's boss, defendant Bigham, on August 25, 1992, following plaintiff's firing (words...

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