LIBERMAN V. GELSTEIN
80 N.Y.2d 429, 605 N.E.2d 344, 590 N.Y.S.2d 857 (1992)
NATURE OF THE CASE: This was a slander action. The Appellate Division affirmed an order
that granted summary judgment in favor of Gelstein (D) tenant, and dismissed Liberman's (P)
slander action against the tenant. P, the landlord, appealed.
FACTS: Liberman (P) sued a member of the tenants' board or governors for slander. The
second cause of action focused on the words '[t]here is a cop on the take from Liberman.'
The fifth cause of action involved the statement that 'Liberman *** threatened to kill me
and my family.' Gelstein (D) testified that several vehicles operated by the building's
management regularly parked in front of the building beyond the legal limit but were never
received parking summonses. D testified that he was told by building employees that P was
bribing the police to avoid parking tickets. The lower court dismissed the second cause of
action in that it was qualifiedly privileged. The fifth cause of action was dismissed on the
ground that the words could only have been understood by those who were familiar with the
parties' history of conflict as rhetorical hyperbole. The Appellate Division affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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