Mihlovan v. Grozavu
New York Court of Appeals
72 N.Y.2d 506, 531 N.E.2d 288, 534 N.Y.S.2d 656 (1988)
- Written by Steven Pacht, JD
Facts
Dean Mihlovan (plaintiff) sued Elena Grozavu and others (collectively, Grozavu) (defendants) for defamation, alleging that Grozavu made false statements about Mihlovan in connection with elections at their church. Grozavu moved to dismiss Mihlovan’s complaint pursuant to Civil Practice Law and Rules (CPLR) § 3211 on qualified-privilege grounds. The supreme court granted Grozavu’s motion and dismissed Mihlovan’s complaint. The appellate division affirmed but described the supreme court’s ruling as having granted summary judgment to Grozavu pursuant to CPLR § 3212. This was contrary to the supreme court’s order and to the parties’ arguments before both the supreme court and the appellate division. The appellate division did not provide notice, as required by CPLR § 3211(c), that it was converting Grozavu’s § 3211 motion to dismiss into a § 3212 motion for summary judgment. Mihlovan appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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