Callahan v Montefiore Med. Ctr.

Holding The court affirmed the dismissal of the plaintiff’s defamation claim, finding that the medical records produced pursuant to a subpoena in a custody proceeding were protected by an absolute privilege. The court also affirmed the dismissal of the negligence per se claim and the denial of the plaintiff’s motion to renew.

The court’s words

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

2026 NY Slip Op 06278, at the official text

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

2026 NY Slip Op 06278, at the official text

Montefiore demonstrated, prima facie, that the statements contained in the plaintiff's medical records were subject to an absolute privilege

2026 NY Slip Op 06278, at the official text

Montefiore also made a prima facie showing that the challenged statements were protected by the qualified common-interest privilege

2026 NY Slip Op 06278, at the official text