VOLGSTADT v. JAMESTOWN SCRAP CORP., INC

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted part of plaintiff's motion to compel disclosure. Because plaintiff must prove malice, he is entitled to disclosure of evidence of defendants' knowledge and motivation at the time the alleged defamatory statements were made (see, Mansour v. Abrams, 144 A.D.2d 905; see generally, Freeman v Johnston, 84 N.Y.2d 52; Liberman v. Gelstein, 80 N.Y.2d 429). The court also properly denied defendants' cross motion for summary judgment (see, CPLR 3212 [f]; Blue Bird Coach Lines v. 107 Delaware Ave., 125 A.D.2d 971; see also, Mansour v. Abrams, supra).