Duffy v. Kipers
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Plaintiff-respondent, an appointed Deputy Town Clerk of the Town of Gates, Monroe County, recovered judgment against defendant-appellant, the Town Supervisor, for alleged libel and slander against her growing out of shortages of tax moneys. Appellant urges that there was no proof of malice and that he had an absolute privilege, by reason of his public office, to make the statements he uttered concerning the shortages. With this position we agree.
When the shortage of funds was discovered appellant, as was his duty, investigated the situation to determine responsibility for the loss. It is…
2Cases cited8 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Garrison v. LouisianaSupreme Court of the United States · 1964
- Henry v. CollinsSupreme Court of the United States · 1965
- Ostrowe v. LeeNew York Court of Appeals · 1931
- Corwin v. BerkwitzAppellate Division of the Supreme Court of the State of New York · 1920
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3Cited by23 opinions
- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Clark v. McGeeNew York Court of Appeals · 1980
- Hotchner v. Castillo-PucheDistrict Court, S.D. New York · 1975
- Hammerhead Enterprises, Inc. v. BrezenoffDistrict Court, S.D. New York · 1982
- O'Neil v. Peekskill Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1986
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