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BISCAINO v. FEDERAL EXPRESS CORPORATION

290 A.D.2d 406 (2002)

736 N.Y.S.2d 600

JOHN J. BISCAINO, Appellant, v. FEDERAL EXPRESS CORPORATION et al., Respondents.

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

Decided January 14, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court correctly concluded, as a matter of law, that the disputed comments made by a coemployee of the plaintiff were protected by a qualified privilege which was not overcome by proof of actual malice. Thus, the alleged comments do not constitute actionable slander (see, Liberman v Gelstein, 80 N.Y...

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