Dolan v. Buffalo News, Division of Berkshire Hathaway, Inc.

Order insofar as appealed from unanimously reversed on the law without costs and motion denied. Memorandum: The court should have denied defendant’s motion seeking partial summary judgment dismissing plaintiffs’ defamation action on the ground that defendant’s reply to the Consumer Fraud Bureau of the State Attorney-General’s Office was subject to an absolute privilege. We conclude that communications made to the Attorney-General’s Office enjoy a qualified rather than an absolute privilege. The Attorney-General does not act in a judicial or quasi-judicial capacity because, although he…