The fifth cause of action alleges defamation and the first cause of action, which alleges breach of fiduciary duty, is based, in part, on allegations of defamation. To the extent these causes of action rely on statements contained in affidavits submitted in opposition to plaintiffs' preliminary injunction motion, they should be dismissed, with prejudice, because the statements are protected by both the judicial proceedings and fair report privileges (Sexter & Warmflash, P.C. v Margrabe, 38 AD3d 163, 171 [2007]; Fishof v Abady, 280 AD2d 417 [2001]). However, the first cause of action alleges that defendants breached their fiduciary duty to Fletcher by "knowingly and maliciously spreading false statements and rumors to third parties, including the media, concerning Fletcher's financial condition" and the fifth cause of action refers to statements made "[b]egining in April 2010," i.e., long before this action was commenced. Thus, these{**99 AD3d at 55} causes of action do not rely exclusively on statements contained in affidavits.
[*8]
Contrary to defendants' contention, the following allegedly defamatory statements are pleaded with sufficient particularity (CPLR 3016 [a]):
"[At an April 14, 2010 board meeting,] one or more of the Individual Defendants told the other members of the Board that Fletcher had not fulfilled binding charitable commitments and pledges, that Fletcher's assets were all illiquid and difficult to value, and that FAM's business loans left it over-extended and at risk of collapse . . .
"[On or before May 7, 2010, Nitze told Dakota shareholder Craig Hatkoff that Fletcher] had not actually given the money he had promised to give [to charity] and 'he owes it' . . .