No. 12–CV–5075 (ADS)(ETB). 2013-04-29 OFFICEMAX INCORPORATED, Plaintiff/Counterclaim Defendant, v. Richard CINOTTI, Defendant/Counterclaim Plaintiff. Ogletree Deakins Nash Smoak & Steward PC, by: Sharon P. Margello, Esq., Jennifer A. Rygiel–Boyd, Esq., of Counsel, New York, NY, for OfficeMax Incorporated. Nixon Peabody LLP, by: James W. Weller, Esq., Kurt Michael Mullen, Esq., Matthew Thomas McLaughlin, Esq., of Counsel, Jericho, NY, for Richard Cinotti. SPATT Ogletree Deakins Nash Smoak & Steward
October 23, 1997 Appeal from Supreme Court, New York County (Eileen Bransten, J.). Plaintiff's defamation cause of action, which is premised upon the contents of a letter written by opposing counsel and sent to plaintiff and directly to plaintiff's client during the course of negotiations to settle a copyright lawsuit threatened by plaintiff's client, was properly dismissed by the court on the ground that the letter was absolutely privileged ( Caplan v Winslett, 218 A.D.2d 148, 153; see also, Lieberman