| Yao Jin Gong v Metropolitan Life Ins. Co. |
| 2008 NY Slip Op 51382(U) [20 Misc 3d 129(A)] |
| Decided on July 10, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York
County (Diane A. Lebedeff, J.), entered May 10, 2006, which, upon granting defendant's motion
for summary judgment, dismissed the complaint.
Per Curiam.
Judgment (Diane A. Lebedeff, J.), entered May 10, 2006, affirmed, with $25 costs, for the
reasons stated by Diane A. Lebedeff, J. at the Civil Court.
We agree that the statements giving rise to this defamation action were subject to the
qualified "common interest" privilege, which protects good faith communications between
employees and management regarding the employer's business (Carone v Venator Group,
Inc.,
11 AD3d 399 [2004]). Plaintiff did not meet his burden of raising a triable issue as to
malice, to overcome the privilege. "Even if management's reliance on the investigation were
negligent or imprudent for some reason, that reliance would be insufficient to constitute malice,
which requires a showing of reckless disregard for the truth" (id. at 400).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 10, 2008