Opinion
October 30, 1961
In an action to recover damages for libel, based upon alleged defamatory statements concerning the plaintiff made by defendants in affidavits submitted by them in supplementary proceedings to enforce the collection of a judgment against him, the plaintiff appeals from two orders of the Supreme Court, Queens County: (1) an order, dated May 11, 1960, granting defendant Shapiro's motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint against him for patent insufficiency; and (2) an order, dated June 10, 1960, granting defendant Stone's motion, under said rule, to dismiss the complaint against her for patent insufficiency. Orders affirmed, without costs. The Special Term properly dismissed the complaints on the ground that it appeared on their face that the alleged libelous statements were absolutely privileged (cf. People ex rel. Bensky v. Warden, 258 N.Y. 55; Feldman v. Bernham, 6 A.D.2d 498, affd. 7 N.Y.2d 772). Nolan, P.J. Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.