Cicconi v. McGinn, Smith & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
On this appeal, plaintiff asks this Court to overrule, or significantly limit, our prior decision in Herzfeld & Stern v Beck (175 AD2d 689 [1991], lv dismissed 79 NY2d 914 [1992], 82 NY2d 789 [1993], 89 NY2d 1064 [1997]), in which we held that statements made by a brokerage firm regarding a terminated employee in a Form U-5 were absolutely privileged, He suggests that instead we join those courts that have held such information to be protected only by a qualified immunity, which may be vitiated upon a showing that the information was included “with actual malice”…
2Cases cited9 opinions
- John J. Glennon, Jr. v. Dean Witter Reynolds, Inc.Court of Appeals for the Sixth Circuit · 1996
- Ronald D. Dawson v. New York Life Insurance Company and Nylife Securities, Inc.Court of Appeals for the Seventh Circuit · 1998
- Kyle Andrews, John Meehan, and J. Stephen Stout v. Prudential Securities, IncorporatedCourt of Appeals for the Sixth Circuit · 1998
- People v. Westchester County S.P.C.C.New York Court of Appeals · 1992
- Haburjak v. Prudential Bache Securities, Inc.District Court, W.D. North Carolina · 1991
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3Cited by10 opinions
- Chaskie J. Rosenberg v. Metlife, Inc., Metropolitan Life Insurance Company, and Metlife Securities, Inc., Docket No. 05-4363-CvCourt of Appeals for the Second Circuit · 2006
- Fischkoff v. Iovance Biotherapeutics, Inc.District Court, S.D. Illinois · 2018
- Rosenberg v. MetLife, Inc.Court of Appeals for the Second Circuit · 2007
- Barclays Capital Inc. v. ShenNew York Supreme Court · 2008
- Stega v. New York Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 2017
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