Martinson v. Blau

292 A.D.2d 234, 738 N.Y.S.2d 572, 2002 N.Y. App. Div. LEXIS 2473

Opinion

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about November 22, 2000, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiffs’ claims for professional malpractice, breach of contract and prima facie tort, premised on the allegation that defendant gave false testimony in a New Jersey action, were properly dismissed, since “[a] witness at a judicial or quasi-judicial proceeding enjoys an absolute privilege with respect to his or her testimony” (see, Pfeiffer v Hoffman, 251 AD2d 94, 95). Although there is an exception to this privilege where the testimony is part of a larger scheme to defraud (see, Newin Corp. v Hartford Acc. & Indem. Co., 37 NY2d 211, 217), plaintiffs have not alleged facts from which a larger fraudulent design may be inferred. Concur — Mazzarelli, J.P., Andrias, Sullivan, Buckley and Marlow, JJ.