Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiffs' motion which were to dismiss the first and second counterclaims asserted against them by the defendant Gilbert G. Spencer, Jr., are granted.
A statement made in the course of a judicial proceeding "is absolutely privileged if, by any view or under any circumstances, it may be considered pertinent to the litigation" (Martirano v Frost, ...
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