New York Court of Appeals
600 West 115th Street Corp. v. Robert Von Gutfeld
October 20, 199280 N.Y.2d 130
Summary
The New York Court of Appeals reversed the Appellate Division, granting summary judgment to the defendant and dismissing the defamation complaint. It held that the defendant's statements at a community board hearing were not covered by an absolute privilege and were constitutionally protected opinion under both the Federal and State constitutions. Accordingly, the statements did not constitute actionable factual assertions. The court also affirmed that the lower court's order should be vacated.