Appellate Division of the Supreme Court of New York, 1993

Ghartey v. Davidson

Ghartey v. Davidson
Appellate Division of the Supreme Court of New York · Decided April 1, 1993
192 A.D.2d 304; 595 N.Y.S.2d 691
Ghartey v. Davidson

Opinion of the Court

—Order, Supreme Court, New York County (Carmen Ciparick, J.), entered June 20, 1991, granting defendants’ motion for summary judgment, unanimously affirmed, without costs.

Defendants’ motion for summary judgment was properly granted in the absence of proof of malice sufficient to overcome the qualified privilege under which the employee evaluation was prepared (see, Trails W. v Wolff, 32 NY2d 207, 221). Nor did plaintiff adduce any proof that any of the statements in issue were uttered negligently. Concur — Murphy, P. J., Carro, Ellerin, Kupferman and Asch, JJ.

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