265 A.D.2d 265 (1999)

697 N.Y.S.2d 31

RUBY CHANG, Individually and as Trustee of GRACE GRATITUDE BUDDHIST TEMPLE, INC., Respondent, v. FA-YUN, Appellant.

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

Decided October 28, 1999.

The cause of action for defamation, based on a community newspaper advertisement announcing plaintiff's termination as an officer and director of the not-for-profit corporation on whose behalf plaintiff also sues derivatively, should have been dismissed since the advertisement did not mention or imply any wrongdoing or incompetency on plaintiff's part (see, Streips v LTV Corp., 216 A.D.2d 923). "The mere statement of discharge or termination from employment, even if untrue, does not constitute libel." (Lian v Sedgwick James of N. Y., 992 F.Supp. 644, 649, citing Nichols v Item Publs., 309 N.Y. 596, 601; Davis v Ross, 754 F.2d 80, 84.) The order should be affirmed in all other respects. If, as defendant argues, plaintiff was never formally appointed as a trustee or officer of the corporation, a formal vote of the trustees was not needed to remove her from those positions, despite what was stated in the newspaper advertisement. Of course, assuming plaintiff is a trustee or officer of the corporation, her removal without a validly called meeting was a nullity, and her right of action against other officers and directors of the corporation could not then be challenged for lack of standing (Not-For-Profit Corporation Law § 720; see, Wyckoff v Sagall, 16 Misc.2d 630). Concerning defendant's request that this Court search the record and, sua sponte, grant summary judgment in favor of the corporation on its cause of action for a money judgment against plaintiff, we note the existence of numerous issues of credibility. We have considered defendant's other arguments and find them unpersuasive.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases