Tenant's Defamation Claim Against Landlord Dismissed

Landlord sued to evict tenant, claiming that tenant threw a bucket of urine and other substances from his 10th-floor apartment terrace onto construction workers below. Tenant, in turn, sued landlord for defamation after a report of the incident appeared in the New York Post. Tenant claimed that landlord or its attorneys told the story to the Post after tenant reported building violations to authorities. Tenant also claimed that the charge was false and that landlord was maliciously prosecuting him. The court and appeals court dismissed tenant’s claims, finding no legal basis for them. Landlord showed that it had good reason to believe that tenant threw the urine and was entitled to bring the eviction action. Tenant also failed to state with any particulars what false statements were made and who supposedly made them.

BCRE 230 Riverside, LLC v. Fuchs: NYLJ, 2/23/09, p. 30, col. 3 (App. Div. 1 Dept.; Tom, JP, Moskowitz, Acosta, Freedman, JJ)