Lichter v. Zolotorofe

15 A.D.2d 552, 222 N.Y.S.2d 864, 1961 N.Y. App. Div. LEXIS 6963

Opinion

The present complaint does not contain any factual allegations showing that the statements complained of were irrelevant. In a ease such as this where the alleged defamatory words were published in the course of a judicial proceeding, such factual allegations are essential (Zefferer v. Campbell, 3 A D 2d 856; cf. Chapman v. Dick, 197 App. Div. 551, 553). Although the fact that the alleged libelous statements were published in the course of a judicial proceeding is not clearly alleged in the complaint, both plaintiff and defendants have construed the pleading as so alleging; and we accent their construction of it for the purposes of this appeal. Nolan, P. J., Beldoek, Ughetta, Pette and Brennan, JJ., concur.