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55 N.Y.2d 798

O'Rorke v. Carpenter

New York Court of Appeals

Decided December 22, 1981

New York Court of Appeals · decided 1981-12-22

Decided 1981-12-22

¶1OPINION of the court

¶2On summary consideration, order affirmed, with costs, and the question certified answered in the affirmative. Plaintiffs may defeat defendant’s claim of qualified privilege by demonstrating that the alleged defamatory statements were known to be false at the time of publication. As plaintiffs have sufficiently raised a triable issue in this regard, defendant’s motion for summary judgment was properly denied.

¶3Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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