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LACHER v. ENGEL

33 A.D.3d 10 (2006)

817 N.Y.S.2d 37

MICHAEL A. LACHER, Respondent, v. THOMAS E. ENGEL, Appellant.

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

June 20, 2006.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore LLP, New York City (Max R. Shulman of counsel), for appellant.

Edward B. Safran, New York City, for respondent.

SAXE, J.P., GONZALEZ and MALONE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this defamation action, both plaintiff and defendant are attorneys. Plaintiff alleges that defendant filed a sham complaint on behalf of plaintiff's former client solely for the purpose of allowing defendant to defame plaintiff while claiming the benefit of privilege. Defendant now appeals from an order which denied in part his motion for summary judgment dismissing the complaint.

The plaintiff in this action...

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