Opinion
Decided December 22, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRITZ W. ALEXANDER, II, J.
William M. Pinzler for appellant.
Stanley A. Teitler for respondents.
On summary consideration, order affirmed, with costs, and the question certified answered in the affirmative. Plaintiffs may defeat defendant's claim of qualified privilege by demonstrating that the alleged defamatory statements were known to be false at the time of publication. As plaintiffs have sufficiently raised a triable issue in this regard, defendant's motion for summary judgment was properly denied.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.