Legal Opinion

Cosme v. Town of Islip

New York Court of Appeals

Decided October 23, 1984PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Defendant Town Supervisor Peter F. Cohalan, as an executive officer of a local government, was entitled to an absolute privilege for statements made during the discharge of his responsibilities about matters within the ambit of his duties (Clark v McGee, 49 NY2d 613, 617; see Stukuls v State of New York, 42 NY2d 272, 278).

Although there may be some question about whether defendants Frank Jones and Gregory Munson were entitled to an absolute or qualified privilege, it is clear that they were at…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Stukuls v. State of New YorkNew York Court of Appeals · 1977
  3. Clark v. McGeeNew York Court of Appeals · 1980

3Cited by20 opinions

  1. Teri-Ann Gross v. Nadine P. Winter, Councilmember, Council of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1989
  2. Fink v. Shawangunk Conservancy, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Angel v. Levittown Union Free School District No. 5Appellate Division of the Supreme Court of the State of New York · 1991
  4. Rabideau v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  5. Baumblatt v. BattaliaAppellate Division of the Supreme Court of the State of New York · 1987

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