CHASKIE J. ROSENBERG, Appellant,
v.
METLIFE, INC., et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 13, 2007.
Decided March 29, 2007.
Attorney(s) appearing for the Case
Heller, Horowitz & Feit, P.C., New York City (Maurice W. Heller, Jacob W. Heller, Allen M. Eisenberg and Evan R. Shusterman of counsel), for appellant.
Proskauer Rose LLP, Newark, New Jersey (Steven E. Obus, Steven Yarusinsky and Steven H. Holinstat of counsel), for respondents.
Schlam Stone & Dolan LLP, New York City (David J. Katz of counsel), for Matthew N. Murray, amicus curiae.
Zamansky & Associates, LLC, New York City (Jacob H. Zamansky and Edward H. Glenn, Jr., of counsel), for National Employment Lawyers Association/New York, amicus curiae.
Orrick, Herrington & Sutcliffe LLP, New York City (Michael Delikat and Robert S. Whitman of counsel), for the Securities Industry and Financial Markets Association, amicus curiae.
Liddle & Robinson, L.L.P., New York City (Jeffrey L. Liddle and Ethan A. Brecher of counsel), amicus curiae.
Judges CIPARICK, READ and JONES concur with Judge GRAFFEO; Judge PIGOTT dissents and votes to answer the certified question by stating that such statements are protected by a qualified privilege, in a separate opinion in which Judge SMITH concurs; Chief Judge KAYE taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
The United States Court of Appeals for the Second Circuit has asked us whether statements made by an employer on a National Association of Securities Dealers (NASD) employee termination notice (Form U-5) are subject to an absolute or qualified privilege in a defamation lawsuit. For the reasons that follow, we conclude that such statements are protected by an absolute privilege.<...
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