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Green v. Combined Life Insurance Co. of New York

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 28, 2010

ALAN GREEN, PLAINTIFF-APPELLANT,
v.
COMBINED LIFE INSURANCE CO. OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered February 13, 2008, which granted defendants' motion to dismiss the second cause of action, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., McGuire, Moskowitz, Freedman, RomÁn, JJ.

118893/06

Plaintiff alleges he was defamed by defendant Downie's written report to the insurer defendants of his interview with and examination of plaintiff. Even if defamatory, the statements are protected by a qualified privilege because they were made in a medical report to the insurer (see Gould v Broad, 22 AD2d 800 [1964], affd 16 NY2d 666 [1965]). Plaintiff's conclusory allegations of malice are insufficient to overcome the privilege (see Ferguson v Sherman Sq. Realty Corp., 30 AD3d 288 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100128

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