Monday, May 12, 2008

Opinion Not Defamatory

The New York Appellate Division for the Second Judicial Department affirmed an order dismissing a complaint alleging defamation brought by the former office manager of a law firm. The statements at issue were made to the former employee's insurance company that was processing a no-fault benefits claim as a result of a car accident. Expression of an opinion is not actionable:

Here, the defendants demonstrated their entitlement to summary judgment by establishing that the communication at issue, which amounted to a subjective characterization of the plaintiff's behavior and an evaluation of her job performance, constituted a nonactionable expression of opinion.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/05/the-new-york--2.html

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