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BIEGELEISEN v. JACOBSON

198 A.D.2d 57 (1993)

603 N.Y.S.2d 148

Ken Biegeleisen, Appellant, v. Julius Jacobson, Respondent

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

November 9, 1993

The statements defendant made during his testimony as an expert witness in the medical malpractice action that had been brought against plaintiff cannot be the subject of a defamation action unless they constituted falsehoods "so obviously irrelevant as to warrant an inference of express malice" (Tolisano v Texon, 144 A.D.2d 267, 272 [Smith, J., dissenting], revd for reasons stated in dissenting mem 75 N.Y...

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