W 115TH ST CORP v. VON GUTFELD


169 A.D.2d 56 (1991)

600 West 115th Street Corp., Respondent, v. Robert Von Gutfeld, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 25, 1991


Attorney(s) appearing for the Case

Mark S. Moroknek of counsel (Ayers & Thompson, attorneys), for appellant.

David S. Friedberg for respondent.

MURPHY, P. J., and SMITH, J., concur with ROSS, J.; MILONAS and ASCH, JJ., dissent in an opinion by ASCH, J.


ROSS, J.

The issue presented is whether the oral statements of the defendant concerning the plaintiff corporation, made during a public meeting of a Manhattan Community Board, are defamatory or constitutionally protected expressions of opinion.

In 1985, an apartment building (building), located at 600 West 115th Street, Manhattan, converted to cooperative ownership. On the street level of that building...

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