Tenant's Letter About Fired Doorman Wasn't Defamation

Landlord fired a doorman for stealing $400 in holiday bonus money that tenants had left in an envelope at the building's concierge desk for their children's nanny. The doorman was denied unemployment benefits because he was fired for cause. The doorman sued tenants. He claimed that they made defamatory statements about him. Tenants asked the court to dismiss the case without a trial. The court ruled for tenants. Landlord had asked tenants to view a security surveillance tape and to sign a letter stating that tenants saw themselves on the tape drop off the envelope and saw a building employee open the card. Tenants didn't make a false statement, name the doorman, or accuse him of taking the money, and tenants had a common interest with landlord in finding out what happened. Since no false statement was made and since there was a privileged communication between landlord and tenants about the subject matter, there was no defamation. In addition, the doorman brought the suit against tenants too late, since it was filed more than a year after he was fired.

Cincu v. Asadorian: NYLJ, 7/1/08, p. 26, col.1 (Sup. Ct. NY; Ling-Cohan, J)