MARTIRANO v. FROST


25 N.Y.2d 505 (1969)

John J. Martirano, Appellant, v. Harry Frost, Respondent.

Court of Appeals of the State of New York.

Decided December 10, 1969.


Attorney(s) appearing for the Case

Barry D. Marcus for appellant.

Frank H. Connelly for respondent.

Judges BREITEL, JASEN and GIBSON concur with Chief Judge FULD; Judge BURKE dissents and votes to reverse in a separate opinion in which Judges SCILEPPI and BERGAN concur.


Chief Judge FULD.

The plaintiff, an attorney, brought this slander action seeking $50,000 in damages from the defendant, a layman, for casting aspersions on his professional integrity, in open court, during the course of a judicial proceeding. The defendant, claiming his statements were absolutely privileged, applied for and was granted summary judgment dismissing the complaint.

The alleged defamatory...

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