Case Type

Other

Housing Type

Other

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

525341/2024

Slip Opinion Number

2025 NY Slip Op 32947(U)

Petitioner

309 10â„¢ OWNER LLC

Respondent

PETER TRAUTMANN, AMANDA TRAUTMANN, KAIROS HAUS, LLC

Judge

Wade, Carolyn E.

Decision/Order Date

2025-07-31

Posture

Pre-answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court dismissed a real estate developer's complaint against an individual and related entities under New York's anti-SLAPP statute. The developer sued for damages, alleging the defendants interfered with a project by falsely testifying before the City Council and sending a disparaging letter to neighbors. The court found that these actions were protected under the anti-SLAPP law and the **Noerr-Pennington doctrine**, which shields a person's right to petition the government. Since the developer failed to show a substantial basis for its claims or evidence of actual malice, the court dismissed the case, and the defendants were awarded mandatory attorneys' fees and costs, with a hearing to determine punitive damages.

Keywords

Anti-SLAPP; Real Estate Developer's Action for Damages Based on Public Testimony Before New York City Council and Letters to Neighbors; Dismissed Under New York Statute Governing Strategic Lawsuits Against Public Participation

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