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JASZAI v. CHRISTIE'S

279 A.D.2d 186 (2001)

719 N.Y.S.2d 235

Z.K. JASZAI et al., Respondents, v. CHRISTIE'S et al., Appellants.

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

January 16, 2001.

Attorney(s) appearing for the Case

John P. DeMaio for respondent.

Michael E. Salzman of counsel (Amera Z. Chowhan on the brief; Hughes Hubbard & Reed, L. L. P., attorneys), for appellants.

NARDELLI, J.P., ELLERIN, LERNER and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

WALLACH, J.

The main question before us on this appeal is whether the highlighted words in a four-paragraph facsimile transmission from defendant Findlay in New York City, on May 3, 1999, to a valued client of defendant Christie's, Ernst Beyeler, in Basel, Switzerland, sufficiently sustains a cause of action in defamation, or whether it encompasses constitutionally protected opinion:

"In the meantime I had a visit from a gentleman...

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