In Lacher v. Engel, 33 A.D.3d 10 (1st Dept't 2006), the Court held that: It is true, as plaintiff asserts, that this absolute privilege may be "lost if abused." (Halperin v. Salvan, 117 AD2d 544, 548, 499 N.Y.S.2d 55 1st Dept 1986.) More specifically, this Court held that the privilege is limited to statements which are not only pertinent to the subject matter of the lawsuit but are made "in good faith and without malice." (Id.)