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TOKER v. POLLAK

44 N.Y.2d 211 (1978)

Alfred Toker, Respondent-Appellant, v. Harry R. Pollak, Respondent, and Henry J. Stern, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Dale A. Schreiber and Allen G. Schwartz for appellant-respondent.

Alfred Toker, pro se, and Darrell Buchbinder and H. Leonard Toker for Alfred Toker, respondent-appellant.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan, Charles E. Clayman and Barbara B. Guibord of counsel), for the New York City Commissioner of Investigation, amicus curiae.

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Edward Agnew McDonald of counsel), for New York County, amicus curiae.

Stuart A. Summit for the Mayor's Committee on the Judiciary, amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, JONES and COOKE concur with Judge JASEN; Judge WACHTLER dissents and votes to reverse and dismiss the second cause of action on defendant Stern's appeal and to affirm on plaintiff's cross appeal in a separate opinion; Judge FUCHSBERG taking no part.

JASEN, J.

The principal issue before us is whether allegedly defamatory oral statements made by the defendant to a District Attorney concerning the possible commission of a crime by the plaintiff, as well as statements made in an affidavit submitted to the District Attorney by the defendant in lieu of an appearance before the Grand Jury are, in an action for libel and slander, protected by an absolute or a qualified...

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