HINCKLEY v. RESCINITI


159 A.D.2d 276 (1990)

George R. Hinckley, Appellant, v. S. Edmund Resciniti, Respondent

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

March 13, 1990


This action alleges that defendant, an attorney, made defamatory statements in affidavits in support of a motion for sanctions against plaintiff attorney, as a result of plaintiff's alleged abusive litigation tactics in an underlying action.

As the record demonstrates, the alleged defamatory statements were made in a judicial proceeding, were clearly "pertinent" to the motion against plaintiff seeking sanctions as a result of his conduct in the underlying action,...

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