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Fourth Department – Accadia Site Contracting v. Skurka
Daily Record Staff//July 7, 2015//
Appellate Division, Fourth Department
Statements Sufficiency – Defamatory Connotation
Accadia Site Contracting v. Skurka
CA 14-01909
Appealed from Supreme Court, Erie County
Background: The plaintiff was awarded a road construction project by the City of Niagara Falls. It commenced a defamation action based on the statements made by the defendant city engineer assigned to oversee the project to a news reporter. The defendant accused the plaintiff of rigging a compaction test and collusion. The plaintiff appealed from the dismissal of its complaint.
Ruling: The Appellate Division reversed. The court held that the particular words allegedly uttered by the defendant were sufficient to establish a claim for defamation.
Jason G. Ulatowski of Rupp, Baase, Pfalzgraf, Cunningham & Coppola for the plaintiff-appellant; William F. Savino of Woods Oviatt Gilman for the defendant-respondent
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