Practice point: There is no cause of
action relying on statements contained in affidavits submitted in
opposition to plaintiffs' preliminary injunction motion, because those
statements are protected by both the judicial proceedings and fair report
privileges.
Student note: It is not a fatal defect that the an allegation does not
specify which of the defendants made the statements.
Case:
Fletcher v. Dakota, Inc., NY Slip Op 05338 (1st Dept.
2012).
Here is the decision.
Tomorrow’s issue: Motion for a joint trial.