Thursday, April 3, 2014

The common-interest privilege.

Practice point:  A bona fide communication made upon any subject matter in which the communicating party has an interest, or in reference to which that party has a duty, is privileged if made to a person having a corresponding interest or duty.  This privilegre can be overcome by a showing of malice The Appellate Division found that the allegations of malice as set forth in the complaint and in the plaintiff's affidavit preclude dismissal for failure to state a cause of action, pursuant to CPLR 3211[a][7].

Student note:  On a 3211(a)(7) motion, a plaintiff has no obligation to show evidentiary facts to support the allegations of malice.

Case:  Colantonio v. Mercy Med. Ctr., NY Slip Op 02009 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue: A municipality's liability, and denial of a motion to renew.