Lefler v. Clark
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
The action is for libel. The appeal is by defendant from an order denying his motion made pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act, for judgment dismissing the complaint “ upon the pleadings and upon the admissions of the plaintiff.” Defendant urges that the complaint is legally insufficient because the statements complained of were made by him as an attorney in a printed brief on appeal *403and were pertinent to the issues therein raised and are, therefore, absolutely privileged.
The court at Special Term denied the motion, stating in its…
2Cases cited14 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Clark v. DodgeNew York Court of Appeals · 1936
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
- Mack, Miller Candle Co. v. Macmillan Co.Appellate Division of the Supreme Court of the State of New York · 1934
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3Cited by12 opinions
- Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
- Caplan v. WinslettAppellate Division of the Supreme Court of the State of New York · 1996
- Wojcinski v. FoleyDistrict Court, N.D. New York · 1963
- Adsit v. First Trust & Deposit Co.New York Supreme Court · 1957
- Landow-Luzier Co. v. GreyNew York Supreme Court · 1962
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