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Torts Keyed to Franklin
Liberman v. Gelstein
Citation:
80 N.Y.2d 429, 605 N.E.2d 344, 590 N.Y.S.2d 857 (N.Y. 1992)Facts
Liberman sued Gelstein for slander.
The first cause of action was based on an exchange that Gelstein had with a fellow member of the tenants’ board of governors, in which Gelstein accused Liberman of bribing a police officer to refrain from ticketing cars parked around Liberman’s building.
The second cause of action was based on the allegation that Gelstein told employees of the building that Liberman threw a punch at him and threatened his wife and daughter.
Gelstein argued that the first cause of action could be resolved under the “common interest” qualified privilege to uncover Liberman’s wrongdoing because Gelstein had witnesses multiple cars parked around the buildings past the legal limit that were never ticketed and Gelstein also was told that Liberman was bribing police officers by two building employees.
As for the second cause of action, Gelstein argued that the statements were either true (and therefore not defamatory) or never made.
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Topic Resources
Topic Outline
Defamation And Privacy TortsTopic Refresher Course
Defamation and Privacy Torts Essay Review