ALLEN v. CH ENERGY GROUP, INC.


58 A.D.3d 1102 (2009)

872 N.Y.S.2d 237

FRANK ALLEN et al., Respondents, v. CH ENERGY GROUP, INC., Formerly Known as CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

January 29, 2009.


Lahtinen, J.

Defendant argues on appeal that a jury verdict awarding $250,000 to plaintiff Frank Allen (hereinafter plaintiff) in this defamation action should be reversed because the alleged defamatory statement did not constitute defamation per se, recovery is barred by the "single instance" rule, and the record does not support the amount of damages awarded. Defendant received a phone call from a woman complaining that she had observed one of its employees defecate...

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