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HARPAZ v. DUNN

Index No. 152313/20. Appeal No. 15590. Case No. 2021-02111.

203 A.D.3d 601 (2022)

162 N.Y.S.3d 732

2022 NY Slip Op 02062

Hadas Harpaz, Appellant, v. Suanne Dunn, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2022.

Attorney(s) appearing for the Case

Kishner Miller Himes P.C., New York (Bryan W. Kishner of counsel), for appellant.

Eustace Prezioso & Yapchyanyk, New York (Hillary A. Fraenkel, of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

As defendant and the attendees of the board meeting constituted a group with a common interest, the statements at issue are cloaked in common-interest privilege (see Liberman v Gelstein, 80 N.Y.2d 429, 437 [1992]), and the motion court correctly dismissed the action as foreclosed by defendant's qualified privilege, as plaintiff's allegations of malice on the part of defendant are conclusory (see Ferguson v Sherman Sq. Realty Corp...

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