AFSHARI v. BARER


1 Misc.3d 57 (2003)

769 N.Y.S.2d 687

MICHAEL AFSHARI et al., Appellants, v. HARVEY S. BARER, Respondent.

Supreme Court, Appellate Term, Second Department.

October 23, 2003.


Attorney(s) appearing for the Case

Mario B. Mikelinich, P.C., Hicksville, for appellants.

Deegan & Deegan, LLP, New York City (James V. Deegan of counsel), for respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

At issue before this court is whether, based upon either an absolute or a qualified privilege, plaintiffs should be relieved from liability for the statements contained in a letter, faxed to an attorney who previously represented defendant, and to defendant himself, that were found to be defamatory by the verdict of the jury, which awarded...

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