In Tolisano v. Texon, 144 AD2d 267 [1st Dept 1988, Smith, J., dissenting] the issue before the Court was the immunity of a medical expert who gave an opinion as to whether a witness' medical condition would permit him to testify before a grand jury. In upholding the doctor's immunity from suit by the witness, the Court of Appeals endorsed the dissent's reasoning that "our courts have traditionally held that an absolute privilege attaches to testimony in judicial proceedings so as to bar later civil actions predicated on the content of that testimony. This privilege is necessary in order to encourage the cooperation of witnesses, p articularly expert witnesses." (144 AD2d at 271 [Smith, J., dissenting] .)