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Defamation Tort hypotheticals 4. What might the defendants want to argue in the following case? Defendants file a letter with the grievance committee of the

Defamation Tort hypotheticals

4. What might the defendants want to argue in the following case?

Defendants file a letter with the grievance committee of the Association of the Bar of the City of New York alleging that Plaintiff has been fraudulent and dishonest in his practice as an attorney. Plaintiff claims that such allegations are defamatory. Wiener v. Weintraub, 239 N.E.2d 540 (N.Y. 1968) New York Court of Appeals Reports WIENER v. WEINTRAUB, 22 N.Y.2d 330 (1968)

Decided June 14, 1968 In this action for libel, the plaintiff, a member of the New York Bar, alleges in his complaint that the defendants falsely and maliciously charged him, in a letter addressed to the Grievance Committee of the Association of the Bar of the City of New York, with dishonesty and fraud. The defendants moved, pursuant to CPLR 3211 N.Y.C.P.L.R. (subd. [a]), to dismiss the complaint on the ground that it fails to state a cause of action in that the letter to the Grievance Committee was absolutely privileged. The court at Special Term granted the motion, dismissing the complaint. The Appellate Division unanimously affirmed the resulting order and granted leave to appeal.

Discuss the elements of tort and liability in this case.

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