Biegeleisen v. Jacobson

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 17, 1992, which granted defendant’s motion for summary judgment dismissing this defamation action, unanimously affirmed, without costs.

The statements defendant made during his testimony as an expert witness in the medical malpractice action that had been brought against plaintiff cannot be the subject of a defamation action unless they constituted falsehoods "so obviously irrelevant as to warrant an inference of express malice” (Tolisano v Texon, 144 AD2d 267, 272 [Smith, J., dissenting], revd for reasons stated in…