ALBANY – Statements by attorneys prior to the start of a case are protected by a qualified privilege—as long as they are made in “good faith” as part of the anticipated litigation, the state Court of Appeals ruled Tuesday.
The 5-0 court settled what it called an “open question” in New York case law that has caused disagreement among the Appellate Division departments, by saying that statements by lawyers before cases begin can play a vital role in the litigation process and should be shielded, within limits.
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