Statements made by parties, attorneys, and witnesses in the course of a judicial or quasi-judicial proceeding are absolutely privileged, regardless of the motive with which they are made, as long as they are material and pertinent to the issue to be resolved in the proceeding. Here, so much of the complaint as sought to recover damages for the defendant's alleged misrepresentations made during the course of litigation was subject to dismissal for failure to state a claim, pursuant to CPLR 3211(a)(7). However, the privilege does not bar the complaint in its entirety, as each of the eight causes of action also alleges wrongdoing that did not stem from a privileged communication.
Feng Li v. Shih, NY Slip Op 04293 (2d Dep't July 6, 2022)
