Schottenstein v. Silverman

Order, Supreme Court, New York County (Debra A. James, J.), entered November 5, 2014, which granted defendant’s motion to dismiss the complaint, unanimously modified, on the law, to deny the motion as to the cause of action for libel per se, and otherwise affirmed, without costs.

Plaintiff, a physician who treated a workers’ compensation claimant, alleges that he was defamed in his profession by a report prepared by defendant, a consultant hired by the workers’ compensation insurer to determine whether certain medications and treatment prescribed the claimant were indicated. Plaintiff alleges…