STEGA v. NY DOWNTOWN HOSP.

NO. 152716/13, 478

148 A.D.3d 21 (2017)

44 N.Y.S.3d 417

2017 NY Slip Op 00139

JEANETTA STEGA, M.D., Ph.D., M.S.N., Also Known as JEANETTA MALANOWSKA-STEGA, Respondent, et al., Plaintiff, v. NEW YORK DOWNTOWN HOSPITAL et al., Appellants, et al., Defendants.

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

Decided January 10, 2017.


Attorney(s) appearing for the Case

Nixon Peabody LLP, Jericho ( Christopher J. Porzio and Christopher G. Gegwich of counsel), for appellants.

Beranbaum Menken LLP, New York City ( John A. Beranbaum and Jason J. Rozger of counsel), for respondent.

TOM, J.P., and ANDRIAS, J., concur with SAXE, J.; KAPNICK, J., dissents in part in a separate opinion.


OPINION OF THE COURT

The statements that form the basis of the defamation claim at issue here were made to a U.S. Food and Drug Administration (FDA) investigator in the course of an investigation. In fact, that investigation was prompted by a complaint made by plaintiffs after defendant hospital terminated their employment, in...

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