New York Court of Appeals, 1980

Rezey v. Golub Corp.

New York Court of Appeals · Decided December 16, 1980

52 N.Y.2d 713; 417 N.E.2d 558; 436 N.Y.S.2d 264; 1980 N.Y. LEXIS 2831

Cases that cite this one

5 later published cases cite this decision.

Sabatowski v. Fisher Price Toys (District Court, W.D. New York 1991)
Greenfield v. Kanwit (District Court, S.D. New York 1982)
Loughry v. Lincoln First Bank, N. A. (N.Y. 1986)
Grossman v. Fieland (Appellate Division of the Supreme Court of New York 1985)
Missick v. Big V Supermarkets, Inc. (Appellate Division of the Supreme Court of New York 1985)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division 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 NY 488, 495). Since plaintiff failed to do so, the complaint was properly dismissed.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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