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WEITZ v. BRUDERMAN

14 A.D.3d 354 (2005)

786 N.Y.S.2d 745

LEONARD WEITZ, Appellant, v. THOMAS BRUDERMAN et al., Respondents.

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

January 6, 2005.

Defendants appropriately assert the common interest privilege (see Liberman v Gelstein, 80 N.Y.2d 429, 437 [1992]), and plaintiff has failed to raise a question of fact as to malice such as might overcome the privilege. Plaintiff has not adduced proof warranting an inference "that [defendants] acted out of personal spite or ill will, with reckless disregard for the statements' truth or falsity, or with a high degree of belief that...

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