Rosenzweig v. Hawkins

Appellate Division of the Supreme Court of New York

Rosenzweig v. Hawkins

27 A.D.2d 723, 276 N.Y.S.2d 906, 1967 N.Y. App. Div. LEXIS 4804

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1967·Published·Cited by 1 cases

Opinion

Order entered June 25, 1966, herein appealed from, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and the motion for summary judgment dismissing the complaint is granted, with $10 costs. The alleged libelous statements were made during the course of prior litigation concerning the disposition of proceeds of a bank account. It does not appear nor are they shown to be manifestly impertinent to the issues then in litigation or beyond the scope of such issues. As such, an absolute privilege attaches (Seltzer v. Fields, 20 A D 2d 60, affd. 14 N Y 2d 624). Concur — Botein, P. J., Stevens, Rabin and Bastow, JJ.

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Order entered June 25, 1966, herein appealed from, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and the motion for summary judgment dismissing the complaint is granted, with $10 costs. The alleged libelous statements were made during the course of prior litigation concerning the disposition of proceeds of a bank account. It does not appear nor are they shown to be manifestly impertinent to the issues then in litigation or beyond the scope of such issues. As such, an absolute privilege attaches (Seltzer v. Fields, 20 A D 2d 60, affd. 14 N Y 2d 624). Concur — Botein, P. J., Stevens, Rabin and Bastow, JJ.

Rosenzweig v. Hawkins, 27 A.D.2d 723, 276 N.Y.S.2d 906, 1967 N.Y. App. Div. LEXIS 4804 (N.Y. Ct. App. 1967).

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Opinion

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