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Belanich v. Brophy

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 411 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the defendants' contentions, the trial court correctly refused to charge the jury that the subject defamatory remarks were made under a qualified privilege ( see, Liberman v. Gelstein, 80 N.Y.2d 429, 437; Wright v. Johnson, 184 A.D.2d 234; Hollander v. Cayton, 145 A.D.2d 605; La Scala v. D'Angelo, 104 A.D.2d 930), or that the plaintiff was a limited-issue public figure ( see, James v. Gannett Co., 40 N.Y.2d 415, 422; Park v. Capital Cities Communications, 181 A.D.2d 192, 197; Wilsey v. Saratoga Harness Racing, 140 A.D.2d 857).

The damages awarded were not excessive.

Miller, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.


Summaries of

Belanich v. Brophy

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 411 (N.Y. App. Div. 1998)
Case details for

Belanich v. Brophy

Case Details

Full title:MARIO BELANICH, Respondent, v. JAMES BROPHY et al., Appellants

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 411 (N.Y. App. Div. 1998)
680 N.Y.S.2d 852