APONTE v. NEWMARK & LEWIS, INC.


176 A.D.2d 502 (1991)

Angelo J. Aponte, as Commissioner of The New York City Department of Consumer Affairs, et al., Respondents, v. Newmark & Lewis, Inc., Appellant

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

October 8, 1991


We do not find it necessary to decide whether all of defendant's counterclaims should have been dismissed, without leave to replead, for failure to plead compliance with the 30-day waiting period required under Administrative Code of the City of New York § 7-201. However, we affirm the dismissal of the counterclaims for defamation, excepting the sixth, for the reason that the allegedly defamatory statements are protected by absolute privilege, a point raised by plaintiffs...

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