An attorney’s allegations that his client’s previous counsel botched the case and “stole” money were privileged statements immune from a defamation action, a Brooklyn appellate court has ruled.
“Even if the offending statements are actionable assertions of fact rather than nonactionable expressions of opinion, the statements are protected by the absolute privilege for statements made in a judicial proceeding,” the Appellate Division, Second Department, determined last week in Sklover v. Sack, 2012-01198.
