Legal Opinion

Posner v. Lewis

New York Court of Appeals

Decided February 21, 2012PublishedCited by 20 opinions

1Opinion of the Court

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 NY2d 628 [1958]) that would warrant dismissal of plaintiffs causes of action for prima facie tort and tortious interference with prospective contractual rights. Assuming the truth of the allegations in the complaint, as we must at this early stage of the litigation, we conclude that defendants’ conduct is not immunized by Brandt.

On a CPLR…

2Cases cited8 opinions

  1. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  2. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949
  3. Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
  4. Carvel Corp. v. NoonanNew York Court of Appeals · 2004
  5. ATI, Inc. v. Ruder & Finn, Inc.New York Court of Appeals · 1977

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3Cited by20 opinions

  1. Schoolcraft v. City of New YorkDistrict Court, S.D. New York · 2015
  2. Joseph v. FenstermanAppellate Division of the Supreme Court of the State of New York · 2022
  3. Wiggins & Kopko, LLP v. MassonAppellate Division of the Supreme Court of the State of New York · 2014
  4. Bielby v. MiddaughAppellate Division of the Supreme Court of the State of New York · 2014
  5. Nat'l Rifle Ass'n of Am. v. CuomoDistrict Court, N.D. New York · 2018

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