The allegedly defamatory statement, contained in a letter written by defendant, an attorney, while representing a client in a partition action against plaintiff, to a nonparty tenant occupying the apartment owned by plaintiff and defendant's client, and not otherwise published, that "[i]t appears that [plaintiff] has merely been pocketing your rental payments", was clearly an expression of fact. Viewed in the context of the rest of the letter (see, Brian v Richardson,...
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