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Case 18-2868, Document 276, 08/09/2019, 2628224, Page45 of 77 allegations: “I am referring to the statement that was made.” Doc.1 §] 32. Assuming arguendo the statement is defamatory,*° it is absolutely privileged since it simply refers to an absolutely privileged statement. See, e.g., Klein, 29 A.D.2d at 420 (privilege protects communications “between litigating parties”); Frechtman, 979 N.Y.S.2d at 63 (privilege protects communications “made in or out of court, ... on or off the record, ... orally or in writing”) (internal quotations omitted). Under these circumstances the pre-litigation privilege is absolute and “no cause of action for defamation can be based on those statements,” Khalil, 28 N.E.3d at 16. The Court should enter summary judgment on plaintiffs defamation claim. IV. Ms. Maxwell’s January 4, 2015, statement is nonactionable. Plaintiff alleges that on January 4, 2015, a reporter approached Ms. Maxwell on a public street in Manhattan and “asked Maxwell about Giuffre’s allegations against Maxwell.” Doc. 1 4 37. Plaintiff alleges that Ms. Maxwell responded with a single sentence: “‘I am referring to the statement that we made.’” /d. According to plaintiff, Ms. Maxwell’s statement was defamatory. See id. § 37 & Count I { 5, at 8. Judgment should enter against plaintiff as to Ms. Maxwell’s statement. Adelson controls this portion of plaintiff's defamation claim. In Adelson a non-profit organization during the 2012 presidential campaign published a statement on its website critical of Sheldon Adelson, a wealthy Republican donor. The statement alleged Adelson had donated “tainted” and “dirty” money to Governor Romney. Eight days later the organization withdrew the statement from its website. On the same day it issued a press release explaining that although >°As discussed in Argument IV, the January 4 statement is nonactionable. 38