Plaintiff's cause of action for libel arises out of the statements made by defendant Alma Wilson, in a report to her supervisor, wherein Wilson claimed to have witnessed plaintiff verbally and physically abuse an elderly patient. It is undisputed that the statements are protected by a qualified privilege. However, plaintiff may defeat this defense by demonstrating that defendant was motivated by malice (see Foster v Churchill,
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SMITH v. MONTEFIORE MEDICAL CENTER
12250, 302276/10
116 A.D.3d 573 (2014)
984 N.Y.S.2d 50
2014 NY Slip Op 2687
VIVIENE SMITH, Appellant, v. MONTEFIORE MEDICAL CENTER et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 17, 2014.
Decided April 17, 2014.
Appellate Division of the Supreme Court of New York, First Department.
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