New York Court of Appeals

Leonard J. Klinck, Appellant v. Gardner R. Colby, Respondents

November 10, 187146 N.Y. 427

Summary

The New York Court of Appeals held that the defendants' preparation and signing of a paper accusing the plaintiff of robbery and swindling was a lawful and privileged communication; that the use of strong, plain language does not defeat the privilege absent actual malice; that the trial judge erred in ruling the communication non‑privileged; and therefore affirmed the lower court's order granting a new trial.