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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

SJB RE Holdings, LLC v. Gifford, 2025 NY Slip Op 03372 (2025)

Citation
SJB RE Holdings, LLC v. Gifford, 2025 NY Slip Op 03372 (2025)
Parent Document
SJB RE Holdings, LLC v. Gifford, 2025 NY Slip Op 03372 (2025)
Jurisdiction
New York (state)
Effective Date
2025-06-05

Full Text

1,379 chars
Accepting the facts alleged as true and according plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87 [1994]), there is no reasonable view of the subject statements that would support a conclusion that Devine accused Better of engaging in a self-help eviction, as contemplated by the statutes cited by plaintiffs. As Supreme Court found, Devine's in-court statements plainly concerned Better's alleged use of credits owed to the Giffords before their competing claims regarding the condition of the property had been resolved. Devine's statements, in a small claims action to recover those same funds, was pertinent and thus absolutely privileged, and Supreme Court therefore properly dismissed plaintiffs' slander cause of action for failure to state a claim (see Bodner v Floral Assoc. L.P., 225 AD3d 564, 565 [1st Dept 2024]; Fabrizio v Spencer, 248 AD2d 351, 351-352 [2d Dept 1998]; R.W.P. Group v Holzberg, 202 AD2d 410, 410-411 [2d Dept 1994]; Poley v Rochester Community Sav. Bank, 159 AD2d 944, 944 [4th Dept 1990]). Similarly, Devine's statements cannot be construed as intending to deceive the court as to the happening of any such eviction, and plaintiffs' cause of action under Judiciary Law § 487 was therefore also properly dismissed (see generally Urias v Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 567-568, 570 [2024]).