Williams v. Williams

In Williams v. Williams 23 N.Y.2d 592, 246 (1969) which involved libel, the court stated "it was never the in-tention of the Legislature in enacting section 74 to allow "any person" to maliciously institute a judicial pro-ceeding alleging false and defamatory charges, and to then circulate a press release or other communication based thereon and escape liability by invoking the statute." Id. In Williams, the facts suggested that the defendant filed a summons and complaint with defamatory state-ments regarding the plaintiff, and then sent copies of the summons and complaint with a brief letter to mem-bers of the plaintiff's trade. Id at 595. In Williams v Williams, the defendant distributed copies of his summons and complaint to members of the trade in which he and the plaintiff were engaged. Based upon his intentional dissemination of the pleadings, the Court held "it was never the intention of the Legislature in enacting 74 to allow any person irculate a press release or other communication based thereon and escape liability by invoking the statutto maliciously institute a judicial proceeding alleging false and defamatory charges and then to ce."