State-Wide Insurance v. Glavin

Order, entered June 27, 1961, granting plaintiff’s motion to strike the second affirmative defense in defendant’s answer which pleaded the defense of privilege in an action for libel, unanimously affirmed, with $20 costs and disbursements to respondent. Defendant contends that the letter, which forms the basis for plaintiff’s action for defamation, was written by defendant in the course of a judicial proceeding, and since it was relevant thereto, it was absolutely privileged. The absolute privilege as to statements or utterances in the course of judicial proceedings applies to letters written…