Court of Appeals – Defamation: Stega, et al v. New York Downtown Hospital, et al.

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New York State Court of Appeals

Defamation

Absolute privilege – Participation in judicial and quasi-judicial proceedings

Stega, et al v. New York Downtown Hospital, et al.

No. 80

Judge Fahey

Background: At issue is whether the statements made by one of the defendants, as published, are protected by absolute privilege as quasi-judicial. The underlying defamation claim involved a proceeding wherein the plaintiff was involved in clinical trial and the relationships with those involved deteriorated. After she was terminated she filed a complaint with the Federal Drug Administration. During a meeting with the FDA, the defendants made allegedly defamatory statements. The plaintiff was not a participant and could not challenge the statements made before they were published.

Ruling: The Court of Appeals held that the Rosenberg v. Metlife Inc. 8 NY3d 359 (2007) decision does not shield statements, made in an administrative proceeding, that defame a person who has no recourse to challenge the accusations. The absolute privilege against defamation applied to communications in certain administrative proceedings is not a license to destroy a person’s character by means of false, defamatory statements.

John A. Beranbaum for the appellant; Christopher J. Porzio for the respondents.