Mack v. Olsen

90 A.D.2d 482, 454 N.Y.S.2d 481, 1982 N.Y. App. Div. LEXIS 18490

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 4, 1982
• Status: Published

Opinion

In a defamation action, plaintiff appeals from an order of the Supreme Court, Rockland County (Gurahian, J.) dated August 7, 1981, which granted defendants’ motion for summary judgment. Order affirmed, with $50 costs and disbursements. The alleged defamatory statements at issue on this appeal were made in a complaint and in an affidavit in a prior judicial proceeding. Since each of those statements was pertinent to the litigation, they are absolutely privileged. (See Youmans v Smith, 153 NY 214; Star v Simonelli, 76 AD2d 861.) Lazer, J. P., Mangano, Gibbons and Brown, JJ., concur. .