The Appellate Division affirmed dismissal of the defamation action, finding that the allegedly defamatory statements were pertinent to a previous action brought by defendant against plaintiff, and, therefore, absolutely protected. The statement in defendant's complaint alleging that plaintiff fraudulently awarded himself an employment contract was obviously related to the fraud allegations. The statement regarding the authenticity of a power of attorney related to plaintiff's ability to award himself the contract, and so it was pertinent to the allegation that plaintiff engaged in self-dealing.
Student note: Public policy favors having litigants speak freely in judicial proceedings.
Case: Peters v. Coutsodontis, NY Slip Op 08308 (1st Dep't November 28, 2017)
Here is the decision.
