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Justice Winslow

A FEE DISPUTE led defendant to bring disciplinary proceedings against plaintiff, a fellow attorney, with the grievance committee. The proceedings were dismissed. Plaintiff’s defamation action claimed that defendant, who advised others of having filed complaints with the committee, brought the proceedings to destroy his reputation. In response to defendant’s dismissal motion, he claimed that defendant waived judicial privilege by violating the confidentiality requirements of Judiciary Law §90(10). The court dismissed the bulk of plaintiff’s action, but granted leave to replead defamation. Although it found that defendant did not waive the privilege of protected speech afforded those bringing actions before the grievance committee when she told a third party that such a proceeding was pending against plaintiff, the disclosure of details about the proceeding does waive the privilege, making the disclosures actionable under a defamation claim.

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