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Kruteck v. Schimmel

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1967
27 A.D.2d 837 (N.Y. App. Div. 1967)

Opinion

March 6, 1967


Order of the Supreme Court, Westchester County, dated July 23, 1966, which denied appellant's motion to dismiss the complaint or for summary judgment, reversed and summary judgment granted in favor of appellant, with $10 costs and disbursements. In our opinion, the statements alleged to be defamatory were qualifiedly privileged in view of the responsibility, and prominence in the community, of plaintiff's position as auditor of the Westchester Joint Water Works and in the light of the fact that plaintiff had thrust himself into the vortex of the public discussion concerning this position. Accordingly, he cannot recover damages for such statements unless he proves that the publication was made with actual malice, that is, with knowledge that it was false or with reckless disregard as to whether it was false or not ( New York Times Co. v. Sullivan, 376 U.S. 254; Rosenblatt v. Baer, 383 U.S. 75; Time, Inc., v. Hill, 385 U.S. 374; Gilberg v. Goffi, 21 A.D.2d 517, affd. 15 N.Y.2d 1023). In our opinion, plaintiff failed to submit evidence of actual malice sufficient to raise an issue with respect thereto. Since it appears that plaintiff has not suffered an actionable wrong, it is our conclusion that appellant's motion for summary judgment should have been granted ( Gilberg v. Goffi, supra). Ughetta, Acting P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.


Summaries of

Kruteck v. Schimmel

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1967
27 A.D.2d 837 (N.Y. App. Div. 1967)
Case details for

Kruteck v. Schimmel

Case Details

Full title:ALAN R. KRUTECK, Respondent, v. HERBERT D. SCHIMMEL, Defendant, and…

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

Date published: Mar 6, 1967

Citations

27 A.D.2d 837 (N.Y. App. Div. 1967)

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