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ZAIDI v. UNITED BANK

194 Misc.2d 1 (2002)

747 N.Y.S.2d 268

SHAHLA ZAIDI, Plaintiff, v. UNITED BANK LTD. et al., Defendants.

Supreme Court, New York County.

May 2, 2002.

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, New York City (William H. Sloane of counsel), for defendants.

Person & Reid, New York City (Carl E. Person of counsel), for plaintiff.

OPINION OF THE COURT

NORMAN C. RYP, J.

I. Issue(s):

In a defamatory action by a private individual concerning a private matter: (a) What is the burden of proving both constitutional and common-law "malice" to overcome a qualified common interest privilege and obtain compensatory and/or punitive damages? (b) What degree, if any, of fault applies?

Novel and unsettled issues before New York's Court of Appeals.

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