Zirn v. Cullom

The first three causes of action are based on allegedly libelous statements made in answers served in a prior suit between this plaintiff and the defendant partnership. Such statements are absolutely privileged unless “ the language used goes beyond the bounds of reason and is so clearly impertinent and needlessly defamatory as not to admit of discussion ” (People ex rel. Bensky v. Warden, 258 N. Y. 55, 59-61; see, also, Restatement, Torts, § 587, subd. c). That the statements complained of were pertinent cannot be gainsaid, for the Appellate Division, Second Department, in the prior action…