LEBRETON, III v. WEISS


256 A.D.2d 47 (1998)

680 N.Y.S.2d 532

ALBERT LEBRETON, III, Also Known as ALLEN BRETON, Appellant, v. LOUIS WEISS, Respondent.

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

Decided December 3, 1998.


The verified complaint in this defamation action alleges that, in order to ascertain if defendant, plaintiff's former landlord, had been defaming him, plaintiff had two individuals contact defendant "under the pretense of being landlords" and had them make certain inquiries to which defendant responded by making the defamatory statements upon which this action is premised. Because such allegations establish as a matter of law that plaintiff consented to the publication of...

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