Appellate Division of the Supreme Court of New York, 2000

Muscarella v. Berkshire Hathaway, Inc.

Appellate Division of the Supreme Court of New York · Decided December 27, 2000

278 A.D.2d 854; 721 N.Y.S.2d 432; 2000 N.Y. App. Div. LEXIS 13617

Cases that cite this one

1 later published case cites this decision.

Fine v. ESPN, Inc. (District Court, N.D. New York 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: We agree with defendants that Supreme Court erred in denying their motion for summary judgment dismissing the complaint. Defendants made a fair and true report of the findings of a Department of Housing and Urban Development audit report, and thus the comments contained therein are privileged under Civil Rights Law § 74 (see, Holy Spirit Assn, for Unification of World Christianity v New York Times Co., 49 NY2d 63, 68). In view of our determination, we do not consider the contention of plaintiff that he is *855not a public official. We have reviewed plaintiffs remaining contentions and conclude that they lack merit. (Appeals from Order of Supreme Court, Erie County, Sedita, Jr., J. — Summary Judgment.) Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.