55th Management Corp. v. Goldman

*240OPINION OF THE COURT

Diane A. Lebedeff, J.

This motion presents a question of significance in many guardianship proceedings commenced under article 81 of the Mental Hygiene Law (article 81), to wit: If a person believes he or she was defamed in an out-of-court statement made to a court evaluator in the context of a guardianship proceeding commenced under article 81, will a defamation action lie or, alternatively, will the defamation claim be defeated by the longstanding common-law rule that a statement made in the course of judicial proceedings is absolutely privileged so long as pertinent to…