Legal Opinion
Montesano v. State
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2004No. Claim No. 106604PublishedCited by 3 opinions
1Opinion of the Court
In a claim to recover damages for defamation and libel, the claimant appeals from an order of the Court of Claims (Waldon, J.), dated August 14, 2003, which granted the defendant’s motion for summary judgment dismissing the claim.
Ordered that the order is affirmed, with costs.
The alleged libelous statements contained in a decision of the New York City Civil Court were written by the Judge in the exercise of her judicial functions. These statements are absolutely privileged, even if such statements are alleged to be false, irrelevant, or malicious (see Misek-Falkoff v Donovan, 250 AD2d 579…
2Cases cited9 opinions
- Sassower v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1983
- Weiner v. StateAppellate Division of the Supreme Court of the State of New York · 2000
- Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Colin v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Swain v. StateAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Davey v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Marrero v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
- Rodgers v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2026