CATTANI v. MARFUGGI

3038, 3038A, 114442/08.

74 A.D.3d 553 (2010)

902 N.Y.S.2d 539

ROBERT V. CATTANI, M.D., Appellant, v. RICHARD A. MARFUGGI, M.D., Respondent.

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

Decided June 15, 2010.


Plaintiff brought the instant action for fraud, defamation, and prima facie tort alleging that defendant's testimony and/or submission of affidavits as an expert witness in three prior medical malpractice actions against plaintiff herein were knowingly false when made. The court gave plaintiff and his counsel time to consider whether to withdraw the complaint in light of the absolute immunity from suits like this afforded counsel, witnesses, and parties in civil judicial...

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