On October 28, 2026, the Second Department issued a decision in Callahan v, Montefiore Med. Ctr., 2026 NY Slip Op. 06278, holding that a defamation claim was barred by the absolute litigation privilege, explaining:
Montefiore established its prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging defamation. A statement made at any stage of a judicial proceeding in communications among the parties, witnesses, counsel, and the court, regardless of the motive with which it was made, is absolutely privileged if, by any view or under any circumstances, it may be considered pertinent to the litigation. The test of pertinency to the litigation is extremely liberal, so as to embrace anything that may possibly or plausibly be relevant or pertinent, and any doubt should be resolved in favor of upholding the privilege.
Here, Montefiore demonstrated, prima facie, that the statements contained in the plaintiff’s medical records were subject to an absolute privilege. Montefiore released the plaintiff’s medical records pursuant to a so-ordered subpoena requiring the production of those records. Moreover, the statements at issue were plausibly pertinent to the issues in the custody proceeding. In opposition, the plaintiff failed to raise a triable issue of fact.
(Internal quotations and citations omitted).