OMANSKY v. PENNING

8806, 114241/09.

101 A.D.3d 514 (2012)

955 N.Y.S.2d 596

2012 NY Slip Op 8657

LAWRENCE A. OMANSKY, Appellant, v. TJEBBO PENNING, Defendant, and 160 CHAMBERS STREET OWNERS, INC., Respondent.

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

December 13, 2012.


Plaintiff asserts that defendants defamed him by stating, in front of a potential subtenant, that plaintiff had been evicted and had no right to sublet the property, which was owned by defendants and had been leased to plaintiff. The documentary evidence established, however, that, prior to the alleged statements being made, plaintiff had assigned his rights in the leasehold to Nicolena's B and B II, Inc., a corporate entity run by plaintiff. The documentary evidence further...

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