Martinson v. BLAU, CPA

• Decision Date: 14 March 2002
• Parties: LLOYD MARTINSON et al., Appellants,<BR>v.<BR>JOSHUA BLAU, C.P.A., Respondent.
• Court: New York Supreme Court — Appellate Division

292 A.D.2d 234

738 N.Y.S.2d 572

LLOYD MARTINSON et al., Appellants,

v.JOSHUA BLAU, C.P.A., Respondent.

Decided March 14, 2002.

Concur — Mazzarelli, J.P., Andrias, Sullivan, Buckley and 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 AD2d 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 NY2d 211, 217), plaintiffs have not alleged facts from which a larger fraudulent design may be inferred.