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55TH MGT. CORP. v. GOLDMAN

1 Misc.3d 239 (2003)

768 N.Y.S.2d 747

55th MANAGEMENT CORP., Plaintiff, v. LESLIE GOLDMAN, Defendant.

Supreme Court, New York County.

April 9, 2003.

Attorney(s) appearing for the Case

Bartlett & Bartlett, LLP, New York City (Joshua F. Nessen of counsel), for defendant.

Jeffrey F. Cohen, Bronx, for plaintiff.

OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

This motion presents a question of significance in many guardianship proceedings commenced under article 81 of the Mental Hygiene Law (article 81), to wit: If a person believes he or she was defamed in an out-of-court statement made to a court evaluator in the context of a guardianship proceeding commenced under article 81, will a defamation action lie or, alternatively...

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