ERIC HADAR plf-res, v. CLAY PIERCE def-ap, MICHAEL ROSENBAUM def

10994. ERIC HADAR plf-res, v. CLAY PIERCE def-ap, MICHAEL ROSENBAUM def — Joseph Hage Aaronson LLC, New York (Gregory P. Joseph of counsel), for ap — Kasowitz, Benson, Torres & Friedman LLP, New York (Michael J. Bowe of counsel), for res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 9, 2013, which, to the extent appealed from, denied defendants Clay Pierce and Patterson Belknap Webb & Tyler LLP’s motion to dismiss the complaint as against them, unanimously reversed, on the law, with costs, the motion granted, and the complaint dismissed as against those defendants. The Clerk is directed to enter judgment accordingly.

The first through fourth causes of action are based on the purportedly false statements made in the complaint in a prior Supreme Court action and the petition in a Surrogate’s Court proceeding, both of which were signed by defendants. These statements are absolutely privileged because they were pertinent to the respective litigations (Pomerance v. McTiernan, 51 AD3d 526, 528 [1st Dept 2008]). The allegations that Eric Hadar (a defendant in the prior action and a plaintiff in the instant case) had neglected his management duties and charged inflated fees were pertinent to a litigation that accused him of breach of fiduciary duty and breach of contract, sought his removal as managing partner, managing member, and general partner, and sought an accounting. Similarly, the allegations in the Surrogate’s Court proceeding that Eric had wasted trust assets through self-dealing and mismanagement were pertinent to a litigation that sought to remove him as a trustee.