Practice point: A qualified privilege extends to a communication on a subject in which both persons have an interest.
Practitioners should note that the qualified privilege is defeated where a plaintiff can demonstrate that defendant’s communication was not made in good faith but was motivated solely by malice.
Case: Phelan v. Huntington Tri-Village Little League, Inc., NY Slip Op 09576 (2d Dept. 2008)
The opinion is here.
Monday's issue: Attorneys' fees.
