Sufficient evidence appears on the record to create a question of fact as to whether plaintiff's participation in the alleged activity was known to appellant at the time of its decision to terminate plaintiff's temporary work assignment and was a motivating factor in that decision. That same evidence creates a question of fact as to whether statements made within appellant corporation as to an alternative reason for plaintiff's termination were false and known to be false at the time they were made, and thus as to whether such statements are ultimately to be viewed as privileged (see, Liberman v. Gelstein, 80 N.Y.2d 429, 437-438). However, the statement by defendant to the media that plaintiff's claim against it was without merit constituted mere opinion, and was therefore nonactionable (see, Gotbetter v. Dow Jones Co., Inc., 259 A.D.2d 335). Plaintiff's defamation cause should therefore be dismissed insofar as it is premised upon that statement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.