Monday, May 12, 2008
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.