We agree with the motion court that the quoted statement contained in a bulletin admittedly published by a tenants' group, of which plaintiffs are members, does not accuse defendants of violating Penal Law §§ 175.30 and 175.35. The statement clearly had reference to a letter of complaint defendants delivered to the Department of Buildings which cannot be considered as an "instrument" within the meaning of the Penal Law defining the crime of offering a false instrument...
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