KLEIN v. McGAULEY


29 A.D.2d 418 (1968)

Ernest Klein, Respondent, v. Lawrence McGauley et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 25, 1968.


Attorney(s) appearing for the Case

Lord, Day & Lord (Reigh F. Klann and John Koshel, Jr., of counsel), for appellants.

Raymond Rubin, Harry L. Klein and Myles N. Weintraub for respondent.

BELDOCK, P. J., BRENNAN, HOPKINS and MARTUSCELLO, JJ., concur.


CHRIST, J.

The action is in slander. The defendants moved (1) for summary judgment on the sixth (and sole remaining) cause of action in the amended complaint on the ground the allegedly slanderous statement in question was absolutely privileged as a matter of law, having been made in the course of, and pertinent to, a judicial proceeding; or, (2) in the alternative, for dismissal of that cause on the ground ...

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