Majority
p. 482Nat Mack, Doing Business as Viola Gardens Apt. Co., Appellant, v Robert P. Olsen et al., Respondents.
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
p. 483
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. .
Cases cited
- Youmans v. Smith 153 NY 214 p. 483
- Star v. Simonelli 76 AD2d 861 p. 483