MUSCARELLA v. BERKSHIRE HATHAWAY INC (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

Michael MUSCARELLA, Plaintiff-Appellant-Respondent, v. BERKSHIRE HATHAWAY, INC., d/b/a The Buffalo News, Jerry Zremski and Thomas J. Dolan, Defendants-Respondents-Appellants.

Decided: December 27, 2000

PRESENT: HAYES, J.P., HURLBUTT, SCUDDER, KEHOE and LAWTON, JJ.

David J. Seeger, Buffalo, for plaintiff-appellant-respondent. John H. Stenger, Buffalo, for defendants-respondents-appellants.

We agree with defendants that Supreme Court erred in denying their motion for summary judgment dismissing the complaint. Defendants made a fair and true report of the findings of a Department of Housing and Urban Development audit report, and thus the comments contained therein are privileged under Civil Rights Law § 74 (see, Holy Spirit Assn. for Unification of World Christianity v. New York Times Co., 49 N.Y.2d 63, 68, 424 N.Y.S.2d 165, 399 N.E.2d 1185). In view of our determination, we do not consider the contention of plaintiff that he is not a public official. We have reviewed plaintiff's remaining contentions and conclude that they lack merit.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

MEMORANDUM:

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