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Dougherty v. Andrews

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 3, 1978
65 A.D.2d 929 (N.Y. App. Div. 1978)

Opinion

November 3, 1978

Appeal from the Monroe Supreme Court.

Present — Moule, J.P., Cardamone, Dillon, Hancock, Jr., and Witmer, JJ.


Order unanimously reversed, with costs, and motion denied. Memorandum: On this appeal from dismissal of his complaint for failure to state a cause of action in libel, plaintiff college professor contends that a letter recommending denial of his continuing appointment by defendant Dean of the Social Sciences Department at the State University of New York College at Brockport was entitled to a qualified rather than an absolute privilege. Special Term concluded that the communication by the dean to the president of the college was covered by an absolute privilege and dismissed the complaint. Since that decision, however, the Court of Appeals has held that such communications are entitled to a qualified rather than an absolute privilege (Stukuls v State of New York, 42 N.Y.2d 272, 279). Inasmuch as the complaint properly alleges that the dean's communication was motivated by actual malice, it states a cause of action.


Summaries of

Dougherty v. Andrews

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 3, 1978
65 A.D.2d 929 (N.Y. App. Div. 1978)
Case details for

Dougherty v. Andrews

Case Details

Full title:JOHN E. DOUGHERTY, Appellant, v. WILLIAM G. ANDREWS, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 3, 1978

Citations

65 A.D.2d 929 (N.Y. App. Div. 1978)

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