A. Anthony Miller v. Phyllis Beck Et Al‪.‬

In an action to recover damages for libel and prima facie tort, defendants appeal from an order of the Supreme Court, Nassau County (Derounian, J.), dated November 19, 1980, which denied their motion pursuant to CPLR 3211 (subd [a], par 7) to dismiss the complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted, and complaint dismissed. The alleged libelous statement was contained in a "Report of Suspected Child Abuse or Maltreatment" written by defendant Beck, a clinical psychologist employed by the defendant school district. The prima facie tort cause of action against the school district is based upon the districts employment of, and failure to exercise due care over, defendant Beck. The charges contained in Becks report were subsequently determined to be unfounded. Section 411 of the Social Services Law sets forth the purpose for reporting suspected cases of child abuse or maltreatment. Section 413 enumerates those individuals, including psychologists [82 A.D.2d 912 Page 913]