Opinion
493
March 14, 2002.
Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about November 22, 2000, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.
Patrick J. Monaghan, Jr. for plaintiffs-appellants.
Edward J. Boyle for defendant-respondent.
Before: Mazzarelli, J.P., Andrias, Sullivan, Buckley, Marlow, JJ.
Plaintiffs' claims for professional malpractice, breach of contract and prima facie tort, premised on the allegation that defendant gave false testimony in a New Jersey action, were properly dismissed, since "[a] witness at a judicial or quasi-judicial proceeding enjoys an absolute privilege with respect to his or her testimony" (see, Pfeiffer v. Hoffman, 251 A.D.2d 94, 95). Although there is an exception to this privilege where the testimony is part of a larger scheme to defraud (see,Newin Corp. v. Hartford Acc. Indem. Co., 37 N.Y.2d 211, 217), plaintiffs have not alleged facts from which a larger fraudulent design may be inferred.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.