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DOUGLAS H. ASHBY, plf-ap, v. ALM MEDIA, LLC def-res

10702. DOUGLAS H. ASHBY, plf-ap, v. ALM MEDIA, LLC def-res — Law Offices of Stewart Lee Karlin, P.C., New York (Stewart Lee Karlin of counsel), for ap — Clarick Gueron Reisbaum LLP, New York (Gregory A. Clarick of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about May 18, 2012, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

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10702. DOUGLAS H. ASHBY, plf-ap, v. ALM MEDIA, LLC def-res — Law Offices of Stewart Lee Karlin, P.C., New York (Stewart Lee Karlin of counsel), for ap — Clarick Gueron Reisbaum LLP, New York (Gregory A. Clarick of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about May 18, 2012, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Defendant Whittle’s statement that plaintiff was “deliberately sabotaging” defendant ALM Media, LLC’s IT redesign project was protected by the common-interest privilege because it constituted a communication “made to persons who have some common interest in the subject matter” (Foster v. Churchill, 87 NY2d 744, 751 [1996]), namely, the people working on the IT system redesign. The statement is also protected as one made by a “management employee[] having responsibility to report on the matter in dispute” (Murganti v. Weber, 248 AD2d 208, 209 [1st Dept 1998]; see Dillon v. City of New York, 261 AD2d 34, 38 [1st Dept 1999]). Plaintiff’s allegations of malice, in an effort to overcome the common-interest privilege, amount to little more than “mere surmise and conjecture” (Weiss v. Lowenberg, 95 AD3d 405, 406 [1st Dept 2012]).

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