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Klaynberg v. Dibrienza

Tenant's Sign Calling Landlord Greedy Opinion, Not Actionable; Defamation Suit Dismissed

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DECISION & ORDER

*1 Motion Sequence Numbers 002 and 003 are consolidated for disposition. The motion to dismiss the amended complaint (Motion Sequence 002) is granted and the motion to restore this case (Motion Sequence 003) is denied as moot.BackgroundThis defamation case arises out of commercial space rented by defendant from plaintiff (the landlord) in Brooklyn. After a dispute arose concerning defendant’s alleged illegal subleasing of the premises, the parties engaged in acrimonious litigation in Civil Court (in Kings County). According to the amended complaint, this litigation is still pending.On April 27, 2017, defendant put up two signs on his storefront windows which stated that “After more than 25 years serving our neighborhood at this location (First as a City Council Member, then for years as a neighborhood based attorney) I am being forced to move from this building due to the greed of the new landlord. I will be relocating to a new office across the street at 161 East 4th Street.”Defendant moves to dismiss on the grounds that the allegedly defamatory statement is an opinion and that plaintiff’s reputation was not harmed.

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