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Belanich v. Brophy

255 A.D.2d 411 Court N.Y. App. Div. Decision date 1998-11-16 English

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p. 411
Mario Belanich, Respondent, v James Brophy et al., Appellants.
[680 NYS2d 852]

—In an action to recover damages for slander, the defendants appeal from a judgment of the Supreme Court, Westchester County (Colabella, J.), entered September 25, 1997, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $150,000.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendants’ contentions, the trial court correctly refused to charge the jury that the subject defamatory remarks were made under a qualified privilege (see, Liberman v Gelstein, 80 NY2d 429 , 437; Wright v Johnson, 184 AD2d 234 ; Hollander v Cayton, 145 AD2d 605 ; La Scala v D’Angelo, 104 AD2d 930 ), or that the plaintiff was a limited-issue public figure (see, James v Gannett Co., 40 NY2d 415 , 422; Park v Capital Cities Communications, 181 AD2d 192 , 197; Wilsey v Saratoga Harness Racing, 140 AD2d 857 ).

The damages awarded were not excessive. Miller, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.

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