KIDD v. EPSTEIN

2672, 116964/08.

79 A.D.3d 650 (2010)

915 N.Y.S.2d 38

JOHN KIDD, Respondent, v. GENE EPSTEIN et al., Appellants.

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

Decided December 28, 2010.


The subject e-mail published by defendants to the shareholders of the cooperative is not defamatory. Although the e-mail asserts that a letter plaintiff claimed to have obtained from his plumber for use in a legal action against defendants for damages from a water leak was a "fake," it contained a recitation of the facts supporting that assertion. Accordingly, it is a nonactionable' opinion. As the Court of Appeals has explained, "[o]pinions, false or not, libelous or not...

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