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SILVERMAN v. CLARK

35 A.D.3d 1 (2006)

822 N.Y.S.2d 9

RHONA A. SILVERMAN, Respondent, v. BRUCE G. CLARK et al., Appellants, et al., Defendant.

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

September 26, 2006.

Attorney(s) appearing for the Case

Peter L. Gale, Port Washington, for appellants.

Rhona A. Silverman, New York City, pro se, and McCabe Flynn & Arangio, LLP, New York City (William B. Flynn of counsel), for Rhona A. Silverman, respondent.

MAZZARELLI, J.P., ANDRIAS and McGUIRE, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

In this action for defamation and breach of contract, we must decide whether letters written by defendant Bruce Clark to two former clients disparaging the professional competence of plaintiff, his former associate attorney who had recently resigned from the firm and taken clients with her, are protected by the absolute defense of truth, or by a qualified or absolute privilege. We find that although neither privilege is...

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