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Co-ops and Condominiums
Statements By Condo Board Members Cloaked In Common Interest Privilege
Harpaz v. Dunn, 2022 WL 867892, AppDiv, First Dept. (memorandum opinion)
In a condominium board member's action for defamation against the condominium president, plaintiff board member appealed from Supreme Court's grant of the president's motion to dismiss. The Appellate Division affirmed, holding that attendees at the board meeting were cloaked in common interest privilege.
During a condominium board member, the board president allegedly defamed plaintiff, the board treasurer, by calling for a vote to rebuke her based on reports that she was harassing condominium employees. The vote passed and the fact was published in the board minutes. The treasurer was subsequently removed from her position as treasurer. She then brought this defamation action, which Supreme Court dismissed.
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