BOGONI v. SIMPSON


306 A.D.2d 125 (2003)

760 N.Y.S.2d 497

PAUL BOGONI, Respondent, v. BARBARA SIMPSON, Appellant.

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

Decided June 17, 2003.


A tenant who posts a notice in her building complaining about the landlord's conduct is entitled to the protection of a qualified privilege, even if it turns out that her assertions are inaccurate; the privilege may only be defeated by an evidentiary showing tending to demonstrate that the defendant made the communication with malice. There being nothing in the record tending to demonstrate any motivation on the tenant's part besides ignorance, this action should have been...

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