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GARCIA v. GILMORE

2 A.D.3d 195 (2003)

768 N.Y.S.2d 210

CARLOS-CESAR GARCIA, Appellant, v. ANTHONY GILMORE et al., Respondents.

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

December 9, 2003.

The motion court properly granted summary judgment dismissing plaintiff's claim for damages based upon a violation of his liberty interest without due process of law since there is no evidence that the allegedly defamatory statements were publicly disseminated (see Matter of Swinton v Safir, 93 N.Y.2d 758, 764-767 [1999]). Defendant McFarlane's discussion of the allegations against plaintiff...

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