Abrams v. Crompton-Richmond Co.

This is a motion by defendants under rule 113 of the Rules of Civil Practice to dismiss the complaint and for summary judgment. Plaintiffs allege that defendant O’Donnell uttered false and defamatory accusations at a meeting “ of all the interested parties ” held before, and by call of, a Referee in bankruptcy, regarding the estate of a debtor in an arrangement proceeding. Defendants assert, as the basis for this motion, an absolute and unqualified privilege, in that the statements “ were made during the course of the judicial proceeding which was then pending before the Referee and that such…