Legal Opinion

Scaccia v. MacCurdy

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

Decided May 30, 1997PublishedCited by 5 opinions

1Opinion of the Court

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint in this defamation action. The proof submitted in support of the motion establishes that the allegedly defamatory statements were made by defendant, President of the Cayuga Vocal Ensemble (Ensemble), to the Music Director of the Ensemble regarding a matter of concern to that organization. That proof is sufficient to establish that the statements were protected by a qualified privilege (see, Foster v Churchill, 87 NY2d 744, 751; Murphy v Herfort,…

2Cases cited6 opinions

  1. Liberman v. GelsteinNew York Court of Appeals · 1992
  2. Foster v. ChurchillNew York Court of Appeals · 1996
  3. People v. ErtsNew York Court of Appeals · 1988
  4. Murphy v. HerfortAppellate Division of the Supreme Court of the State of New York · 1988
  5. Kantor v. PavelchakAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by5 opinions

  1. Goldsmith v. Fight for Sight, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Kern v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1999
  3. RODRIGUEZ, JAMIE LEE v. DYNASTY MAINTENANCE CREW, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  4. Rodriguez v. Dynasty Maintenance Crew, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  5. Rodriguez v. Dynasty Maintenance Crew, LLCAppellate Division of the Supreme Court of the State of New York · 2016

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