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EL-HENNAWY v. DAVITA, INC.

50 A.D.3d 625 (2008)

853 N.Y.S.2d 925

ADEL EL-HENNAWY, Appellant, v. DAVITA, INC., et al., Respondents.

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

Decided April 1, 2008.

Ordered that the order is affirmed, with costs.

Even though a statement may otherwise be defamatory, it is protected by a qualified privilege where the communication is made to persons who have some common interest in the subject matter (see Foster v Churchill, 87 N.Y.2d 744, 751 [1996]; Liberman v Gelstein, 80 N.Y.2d 429, 437 [1992]). Here, the defendants established, prima facie...

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