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ROBERT RITZCOVAN, Appellant, v. WARREN BURGER, Respondent. (Action No. 1.) DONALD SAMPSON, Appellant,

Ordered that on the appeal of Robert Ritzcovan, the judgment is affirmed; and it is further,

Ordered that on the appeal of Donald Sampson, the order is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs. Contrary to the plaintiffs' contentions, the defendant's statements were absolutely privileged, as they were made in the context of a quasi-judicial proceeding ( see, Toker v. Pollak, 44 N.Y.2d 211; Harms v. Riordan-Bellizi, 223 A.D.2d 624; Herzfeld Stern v. Beck, 175 A.D.2d 689, 691; Missick v. Big V Supermarkets, 115 A.D.2d 808). The Supreme Court therefore correctly granted the defendant's motion for summary judgment.

O'Brien, J.P., Pizzuto, Joy and Florio, JJ., concur.

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RITZCOVAN v. BURGER
(Jun 4, 1998)