POSNER v. LEWIS

No. 7.

18 N.Y.3d 566 (2012)

942 N.Y.S.2d 447

2012 NY Slip Op 1323

RONALD BRUCE POSNER, Respondent, v. RUSSELL T. LEWIS et al., Appellants.

Court of Appeals of New York.

Decided February 21, 2012.


Attorney(s) appearing for the Case

Cahill Gordon & Reindel LLP, New York City ( Thomas J. Kavaler and M. Justin Lubeley of counsel), for appellants.

Krauss PLLC, White Plains ( Geri S. Krauss of counsel), and Jonathan P. Arfa, P.C. ( Jonathan P. Arfa of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and JONES concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate opinion in which Judge PIGOTT concurs; Judge READ concurs in result for the reasons stated in Part III of Judge SMITH'S concurring opinion.


OPINION OF THE COURT

GRAFFEO, J.

In this tort action, we must decide whether defendants' course of conduct in instigating complaints to school authorities against plaintiff, a nontenured teacher, is entitled to an absolute privilege under Brandt v Winchell (3 N.Y.2d 628 [1958]) that would warrant dismissal of plaintiff's causes of action for prima facie tort and...

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