In re Smalls
The petitioner sought an order under CPLR 3102 (c) to compel Maritime Overseas Corporation (MOC) to disclose the identities of employees who reported her alleged illegal drug use on company premises, leading to her termination. MOC argued against disclosure, claiming the employees' statements were protected by qualified privilege and that the petitioner failed to prove actual malice as required. MOC also posited an absolute privilege based on public policy against workplace drug use. The court, however, found no evidence that the statements were made in good faith, noting a lack of verification efforts. Consequently, the claim of qualified privilege was rejected. Additionally, the court denied the absolute privilege argument, citing public policy concerns about encouraging baseless accusations and the potential harm to innocent employees. The court granted the petitioner's request for preaction disclosure.