Shover v. Instant Whip Processors, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; June 16, 1997; New York; State Appellate Court
In an appeal regarding a prima facie tort action, the plaintiff contested a Supreme Court, Nassau County ruling that granted summary judgment in favor of the defendants, dismissing the complaint. The plaintiff claimed that Instant Whip Processors, Inc. made false statements about him. The court found that the statements were protected by a qualified privilege, which applies when a party makes a bona fide communication regarding a subject of interest or duty to an interested party. The burden then shifts to the plaintiff to prove that the communication was made in bad faith or solely out of malice. The plaintiff failed to provide sufficient evidence to demonstrate malice, relying instead on conclusory allegations and speculation, which do not suffice to overcome the qualified privilege defense. Additionally, the plaintiff did not show how further discovery could reveal material facts that would affect the summary judgment. The appellate court affirmed the lower court’s order, with one bill of costs, and noted that the plaintiff's other arguments were either unpreserved for review or lacked merit. Judges Bracken, Rosenblatt, Ritter, and Luciano concurred in the decision.