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POWELL v. STEVENS

No. 05-P-1280.

69 Mass. App. Ct. 87 (2007)

JOANNE POWELL, administratrix, vs. ESTHER K. STEVENS, trustee, & another.

Appeals Court of Massachusetts, Suffolk.

May 17, 2007.

Attorney(s) appearing for the Case

Brooks L. Glahn for the defendants.

Lawrence P. Heffernan for the plaintiff.

Present: Perretta, Laurence, & & Grasso, JJ.

LAURENCE, J.

This case presents an issue of first impression: does the filing of a lis pendens memorandum in connection with litigation affecting the title to real estate lie within the absolute privilege afforded judicial proceedings in Massachusetts? We hold that it does and affirm a Superior Court judge's dismissal of a counterclaim for slander of title founded on such a filing.

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