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YONATY v. MINCOLLA

512996.

97 A.D.3d 141 (2012)

945 N.Y.S.2d 774

2012 NY Slip Op 4248

MARK YONATY, Respondent-Appellant, v. JEAN MINCOLLA, Defendant and Third-Party Plaintiff-Appellant-Respondent. RUTHANNE KOFFMAN, Third-Party Defendant-Respondent-Appellant.

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

May 31, 2012.

Attorney(s) appearing for the Case

Pope & Schrader, L.L.P., Binghamton ( Alan J. Pope of counsel), for defendant and third-party plaintiff-appellant-respondent.

Sassani & Schenck, P.C., Liverpool ( Michael N. Livingston of counsel), for third-party defendant-respondent-appellant.

McDonough & Artz, P.C., Binghamton ( Philip J. Artz of counsel), for respondent-appellant.

Thomas W. Ude Jr. , Lambda Legal Defense and Education Fund, Inc., New York City, for Lambda Legal Defense and Education Fund, Inc. and another, amici curiae.

STEIN, GARRY and EGAN JR., JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

This appeal presents the issue of whether statements falsely describing a person as lesbian, gay or bisexual constitute slander per se. Given this state's well-defined public policy of protection and respect for the civil rights of people who are lesbian, gay or bisexual, we now overrule our prior case to the contrary and hold that such statements are not defamatory per se.

After a nonparty allegedly told defendant...

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