Weitz v. Bruderman

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 24, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendants appropriately assert the common interest privilege (see Liberman v Gelstein, 80 NY2d 429, 437 [1992]), and plaintiff has failed to raise a question of fact as to malice such as might overcome the privilege. Plaintiff has not adduced proof warranting an inference “that [defendants] acted out of personal spite or ill will, with reckless disregard for the statements’ truth or falsity, or…