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LEWIS v. PIERCE BAINBRIDGE BECK PRICE HECHT LLP

Index No. 155686/19. Appeal No. 14073-14073A. Case Nos. 2020-04741, 2020-04752.

195 A.D.3d 518 (2021)

145 N.Y.S.3d 791

2021 NY Slip Op 03911

Donald Lewis, Appellant, v. Pierce Bainbridge Beck Price Hecht LLP et al., Defendants, and Littler Mendelson, P.C., et al., Respondents.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

The Law Offices of Neal Brickman, New York ( Neal Brickman of counsel), for appellant.

L'Abbate Balkan Colavita & Contini, LLP, Melville ( Marian C. Rice of counsel), for respondents.

Concur—Acosta, P.J., Webber, Mazzarelli, Kennedy, JJ.

The alleged statements made by defendant Conley in the course of litigation are immune from liability for defamation based on an absolute privilege (see Front, Inc. v Khalil, 24 N.Y.3d 713, 718 [2015]). Plaintiff failed to show that these statements, made in a motion to dismiss plaintiff's initial New York complaint and after litigation had commenced, were not "material and pertinent to...

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