PANGHAT v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

6123, 118300.

89 A.D.3d 597 (2011)

934 N.Y.S.2d 9

2011 NY Slip Op 8475

LIJO PANGHAT, M.D., Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent.

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

Decided November 22, 2011.


The Court of Claims properly granted the motion to dismiss the claim, which attempted to set forth a cause of action for defamation based on defendant's publication of a judicial decision in a related matter on its website. Civil Rights Law § 74 prohibits a civil action that alleges injury from "the publication of a fair and true report of any judicial proceeding." The privilege under that statute is absolute and applies even in the face of allegations of malice or bad...

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