Legal Opinion

Lowinger v. Jacques

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

Decided May 17, 1994PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered on or about February 23, 1993, which, inter alia, granted defendant’s motion to dismiss plaintiff’s amended complaint for failure to state a cause of action, unanimously affirmed, with costs.

*176We agree with the IAS Court that the amended complaint fails to plead evidentiary facts of malice sufficient to overcome the common interest qualified privilege protecting any defamatory statements defendant may have published to the Committee on Academic Standing, but would add that the offending written statements are also…

2Cases cited2 opinions

  1. Steinhilber v. AlphonseNew York Court of Appeals · 1986
  2. DePuy v. St. John Fisher CollegeAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. Kane v. Orange County PublicationsAppellate Division of the Supreme Court of the State of New York · 1996
  2. Stump v. 209 East 56th St. Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Cunningham v. LewensonAppellate Division of the Supreme Court of the State of New York · 2002

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