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GARCIA v. PUCCIO

62 A.D.3d 598 (2009)

879 N.Y.S.2d 435

CARLOS-CESAR GARCIA, Appellant, v. MARIA PUCCIO et al., Respondents.

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

Decided May 26, 2009.

On a prior appeal in this action (17 A.D.3d 199 [2005]), we found that plaintiff, a teacher, stated a cause of action for defamation where he alleged that defendant Puccio told a student's parent that plaintiff had been accused of corporal punishment before. We noted that defendants' claims of truth and qualified privilege were affirmative defenses to be raised in the answer and that "[d]efendants may then move for summary judgment on any...

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