Legal Opinion

Silverman v. Clark

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 2006PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Gonzalez, J.

In this action for defamation and breach of contract, we must decide whether letters written by defendant Bruce Clark to two former clients disparaging the professional competence of plaintiff, his former associate attorney who had recently resigned from the firm and taken clients with her, are protected by the absolute defense of truth, or by a qualified or absolute privilege. We find that although neither privilege is applicable under the present circumstances, the defamation causes of action must be dismissed because plaintiff failed to raise a triable issue…

2Cases cited25 opinions

  1. Liberman v. GelsteinNew York Court of Appeals · 1992
  2. Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
  3. Steinhilber v. AlphonseNew York Court of Appeals · 1986
  4. Gross v. New York Times Co.New York Court of Appeals · 1993
  5. Foster v. ChurchillNew York Court of Appeals · 1996

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3Cited by23 opinions

  1. Sexter & Warmflash, P.C. v. MargrabeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Boehner v. HeiseDistrict Court, S.D. New York · 2010
  3. Yong Ki Hong v. KBS America, Inc.District Court, E.D. New York · 2013
  4. Frechtman v. GuttermanAppellate Division of the Supreme Court of the State of New York · 2014
  5. Orenstein v. FigelDistrict Court, S.D. New York · 2009

18 more not listed; retrieve them via the Exa API.

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