Legal Opinion

Mihlovan v. Grozavu

New York Court of Appeals

Decided November 17, 1988PublishedCited by 201 opinions

1Opinion of the Court

*508OPINION OF THE COURT

2Per curiam

In this defamation action, plaintiff alleged that defendants maliciously made false statements about him during the course of meetings on church elections. Defendants moved to dismiss the complaint asserting the defense of qualified privilege and Supreme Court granted the motion.

The Appellate Division incorrectly characterized Supreme Court’s ruling on defendants’ motion as a grant of summary judgment pursuant to CPLR 3212. Supreme Court’s order, however, dismissed the complaint for failure to state a cause of action (CPLR 3211 [a] [7]), noting that defendants’ preanswer…

3Cases cited9 opinions

  1. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  2. Arrington v. New York Times Co.New York Court of Appeals · 1982
  3. Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
  4. Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
  5. Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986

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4Cited by201 opinions

  1. Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
  2. Fontanetta v. John Doe 1Appellate Division of the Supreme Court of the State of New York · 2010
  3. Nonnon v. City of New YorkNew York Court of Appeals · 2007
  4. In the Matter of the New York Stock Exchange Arbitration Between, Fahnestock & Co., Inc., Cross-Appellee v. Joseph J. Waltman, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  5. Herlihy v. Metropolitan Museum of ArtAppellate Division of the Supreme Court of the State of New York · 1995

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