Liberman v. Gelstein

80 N.Y.2d 429, 605 N.E.2d 344, 590 N.Y.S.2d 857 (1992)

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Nature of the Case

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Facts

Liberman (P) sued a member of the tenants' board or governors for slander. The second cause of action focused on the words 'there 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.