Tenant's Defamation Claim Against Landlord Is Untimely

April 17, 2007

LVT Number: 19500

Tenant sued landlord in 2006. He claimed that landlord had made a resident history report that contained defamatory statements about tenant supposedly made by other tenants between 1991 and 1999. The court dismissed tenant's court claim, finding that it was not timely. Tenant appealed and lost. There is a one-year time limit to sue for a defamation claim. Tenant claimed that landlord republished the statements in question in 2003. But that was only in response to a subpoena issued in another court action.

Tenant sued landlord in 2006. He claimed that landlord had made a resident history report that contained defamatory statements about tenant supposedly made by other tenants between 1991 and 1999. The court dismissed tenant's court claim, finding that it was not timely. Tenant appealed and lost. There is a one-year time limit to sue for a defamation claim. Tenant claimed that landlord republished the statements in question in 2003. But that was only in response to a subpoena issued in another court action. In addition, the statements tenant complained about weren't slander per se, and tenant showed no special damages that might otherwise support his claim.

Hollander v. Peter Cooper Village/Stuyvesant Town Mgmt.: NYLJ, 3/7/07, p. 26, col. 1 (App. Div. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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