Practice point: The cause of action sounding in defamation was dismissed, pursuant to CPLR 3211(a)(1), because defendant’s documentary
evidence established conclusively that the plaintiff, in a matrimonial action, consented to the admission of the court-ordered report.
Student note: An essential element of a defamation claim is
that the alleged defamatory statement was published without privilege or
authorization.
Case: Baker v. Inamdar, NY Slip Op 06770 (2d Dept. 2012).
Tomorrow’s issue: Assault, and whether words alone rise to
the level.
