Williams v. Williams

Chief Judge Fuld (dissenting in part).

The complaint should be dismissed in its entirety. In my view, the count alleging libel is just as lacking in merit as that—which the court is holding insufficient — charging abuse of process.

As I see it, an unreasoned and unreasonable fear of abuse — a fear that people will deliberately file complaints containing maliciously false, defamatory and unsupportable allegations for the purpose of publishing and circulating copies of those complaints — has led my brothers of the majority to sustain the libel cause of action despite the absolute privilege…