Rezey v. Golub Corp.
| Decision Date | 16 December 1980 |
| Citation | 52 N.Y.2d 713,417 N.E.2d 558,436 N.Y.S.2d 264 |
| Parties | , 417 N.E.2d 558 Tofick REZEY, Appellant, v. GOLUB CORPORATION et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 73 A.D.2d 772, 423 N.Y.S.2d 535, should be affirmed, with costs.
The jury was charged, without exception, that defendant's statements were qualifiedly privileged. It was therefore incumbent upon plaintiff to prove that the statements were false and that the defendants were actuated by express malice or actual ill will (see, e. g., Ashcroft v. Hammond, 197 N.Y. 488, 495, 90 N.E. 1117.) Since plaintiff failed to do so, the complaint was properly dismissed.
Order affirmed, with costs, in a memorandum.
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5 cases
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Loughry v. Lincoln First Bank, N.A.
...Ins. Plan, 7 N.Y.2d 56, 194 N.Y.S.2d 509, 163 N.E.2d 333; Rezey v. Golub Corp., 73 A.D.2d 772, 423 N.Y.S.2d 535, affd. 52 N.Y.2d 713, 436 N.Y.S.2d 264, 417 N.E.2d 558; PJI 3:32 [1986 Cum.Supp.] ). But the privilege is conditioned on its proper exercise, and cannot shelter statements publish......
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Sabatowski v. Fisher Price Toys, No. CIV-89-269S.
...malice or actual ill will." Rezey v. Golub Corp., 73 A.D.2d 772, 773, 423 N.Y.S.2d 535, 538 (3rd Dept.1979), aff'd, 52 N.Y.2d 713, 436 N.Y.S.2d 264, 417 N.E.2d 558 (1980); Caffee v. Arnold, 104 A.D.2d 352, 478 N.Y.S.2d 683 (2d Dept.1984). 5 This Court notes that, as evidence of the Complain......
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Greenfield v. Kanwit, 77 Civ. 1240 (WK).
...knowing, that the statement was false. See Rezey v. Golub Corp. (3d Dep't 1979) 73 A.D.2d 772, 423 N.Y.S.2d 535, aff'd 52 N.Y.2d 713, 436 N.Y.S.2d 264, 417 N.E.2d 558. Once a qualified privilege has been established, moreover, the burden of demonstrating malice is the plaintiff's. Toker v. ......
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Missick v. Big V Supermarkets, Inc.
...64 N.Y.2d 882, 487 N.Y.S.2d 559, 476 N.E.2d 1004; Rezey v. Golub Corp., 73 A.D.2d 772, 774, 423 N.Y.S.2d 535, affd. 52 N.Y.2d 713, 436 N.Y.S.2d 264, 417 N.E.2d 558). Since there is no liability on the part of the corporate employees, summary judgment was properly granted to them and their e......
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