Solow v. Herbert

Full title: SAMUEL S. SOLOW et al., Respondents, v. VICTOR HERBERT, Appellant

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

Date published: Dec 14, 1978

66 A.D.2d 706 (N.Y. App. Div. 1978)

Opinion

December 14, 1978

Order, Supreme Court, New York County, entered on July 28, 1978, affirmed for the reasons stated by Fraiman, J., at Special Term. Respondents shall recover of appellant $75 costs and disbursements of this appeal.

Concur — Birns, J.P., Evans, Fein and Markewich, JJ.

Silverman, J., dissents in the following memorandum:

I would grant the motion to dismiss the complaint. In my view the allegedly defamatory statements were protected by the Federal doctrine of absolute privilege as being "within the outer perimeter of [defendant's] line of duty" (Barr v. Matteo, 360 U.S. 564, 575; Savarirayan v. English, 45 Ill. App.3d 105).