In addition to the lack of specificity with respect to the exact defamatory words alleged, Newman has admitted that the date that the alleged defamatory statement was made that appears in the fourteenth cause of action is incorrect. Nor does plaintiff offer any evidence of malice, so any rent arrears statement made to the managing agent is subject to a qualified privilege. Bogoni v Simpson, 306 AD2d 125 (1st Dept 2003). For all these reasons, the libel causes of action must be dismissed.
Based on the foregoing, it is hereby
ORDERED that plaintiffs' motion seeking summary judgment on their second and fourth causes of action is granted with respect to liability only, and the issue of damages is to be determined at trial; and it is further
ORDERED, that as to the portion of defendant's cross motion seeking declaratory relief on its third counterclaim, it is ADJUDGED and DECLARED that defendant Gracie Terrace Apartment must repair the premises in accordance with the terms of the Proprietary Lease; and it is further
ORDERED that the portion of defendant's motion seeking summary judgment on plaintiffs' fourteenth and fifteenth causes of action is granted and those causes of action are dismissed.
This is the decision and order of the court.
Dated: August 25, 2011
Footnotes
Footnote 1: 73 AD3d 506 (1st Dept 2010).
Footnote 2: Although plaintiff's reference Smith's EBT in their reply, and the transcript appears as an attachment to the moving papers, plaintiffs do not indicate how the substance of Smith's testimony supports their contentions. The court's reading of this transcript does not find any information appearing therein particularly relevant to the issues under scrutiny for the instant motion.