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Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privileged

Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privileged
Matter of Gaeta v Incorporated Village of Garden City, 2010 NY Slip Op 02950, Decided on April 6, 2010, Appellate Division, Second Department

Sometimes a party will file a lawsuit contending that he or she was slandered* in the course of a judicial or a quasi-judicial action such as an administrative hearing.

Frank Gaeta attempted to initiate such a lawsuit alleging slander. The allegedly slanderous statements, however, were made by a police officer during his testimony upon cross-examination at a criminal trial, and, said the court, were pertinent and material to the cross-examination and the subject matter of the proceeding.

In the course of dismissing Gaeta?s petition to file a ?late notice of claim? upon the Village, the Appellate Division commented that ?Statements made by parties, attorneys, and witnesses in the course of a judicial or quasi-judicial proceeding are absolutely privileged, notwithstanding the motive with which they are made, so long as they are material and pertinent to the issue to be resolved in the proceeding.?

* Oral statements may constitute slander; written statements may constitute libel.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_02950.htm

Full post as published by New York Public Personnel Law on April 14, 2010 (boomark / email).