Legal Opinion

Kasachkoff v. City of New York

New York Court of Appeals

Decided June 10, 1986PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

We agree with the Appellate Division that the first and second causes of action for defamation should have been dismissed as against the Health and Hospitals Corporation for plaintiffs failure to serve a proper notice of claim (see, Davidson v Bronx Mun. Hosp., 64 NY2d 59, 62), and as against the individual defendants for failure to raise a triable issue of fact with respect to malice or abuse of defendants’ qualified privilege (see, Loughry v…

2Cases cited3 opinions

  1. Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
  2. Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
  3. Dano v. Royal Globe InsuranceNew York Court of Appeals · 1983

3Cited by19 opinions

  1. Hall v. United Parcel Service of America, Inc.New York Court of Appeals · 1990
  2. Williams v. Varig Brazilian AirlinesAppellate Division of the Supreme Court of the State of New York · 1991
  3. Gary Shamley v. Itt Corporation, James J. Cox, George L. Klaus, Russell G. TismanCourt of Appeals for the Second Circuit · 1989
  4. Richard L. v. ArmonAppellate Division of the Supreme Court of the State of New York · 1989
  5. Brown v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991

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