Lombardo v. Stoke

While I agree that the Board of Higher Education of the City of New York had a qualified privilege to issue the statement involved in this case, I do not agree that they had an absolute privilege. Fnrthermore, it is my opinion that this case is easily distinguishable from Sheridan v. Crisona (14 N Y 2d 108).

The nature and duties of a public executive determine whether absolute privilege may be accorded him (Sheridan v. Crisona, supra; Prosser, Torts [3d ed., 1964], § 109). In Crisona we were dealing with an individual who was a municipal executive, the Borough President of Queens County and a…