Haywood v. University of Rochester

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying that part of defendants’ motion for summary judgment seeking dismissal of plaintiff’s first cause of action, for defamation. The November 22, 1988 memorandum was protected by a qualified privilege (see, Clark v Somers, 162 AD2d 982, 983), and plaintiff did not demonstrate that its contents were so exaggerated, unjustified, or extravagant as to justify an inference of malice (cf., Watson v McClelland, 168 AD2d 389, lv denied 78 NY2d 854; Misek-Falkoff v…