New York Court of Appeals
Henry I. Stukuls, Appellant v. State of New York, Respondent
July 7, 197742 N.Y.2d 272
Summary
The New York Court of Appeals held that the State university official was not entitled to absolute privilege for allegedly defamatory statements made in a tenure committee meeting, applying only qualified privilege and requiring the plaintiff to prove actual malice. The Court reversed the Appellate Division's dismissal and remanded for discovery. Justice Wachtler dissented, arguing absolute privilege should apply, while Justice Jones concurred, emphasizing the proper analysis of rumor‑based qualified privilege.