MONTICELLO – Sullivan County Supreme Court Justice Kevin R. Bryant has dismissed defamation claims brought by the owners of the Foxcroft Village mobile home park in Fallsburg. The case was tossed under a recently amended New York law, called the anti-Strategic Lawsuit Against Public Participation (SLAPP) law, which gives citizens greater protection when making statements about matters of public concern.
In November 2021, Foxcroft Village LLC filed a $2 million defamation lawsuit against two of its residents, Jenny Paesch and Jacqueline Murphy, based on Facebook comments they made that were critical of living conditions at the mobile home park.
Justice Bryant also ruled that Paesch and Murphy could proceed with their counter-claims against Foxcroft Village LLC for negligence, intentional infliction of emotional distress, and for violating the anti-SLAPP law. They are seeking compensatory and punitive damages, as well as their attorney fees and costs.
“This kind of lawsuit is precisely why New York amended its anti-SLAPP law, which used to be extremely narrow and allowed the wealthy and the powerful to intimidate their critics through the courts,” said the attorney for women in this case, Christopher Watkins, of New Paltz. “My clients lived with raw sewage inside their homes for years due to the neglect of the owners and management of Foxcroft Village, and when they spoke out and sought help, they were slapped with a ‘$2 million lawsuit’ for defamation. The new anti-SLAPP law levels the playing field. This decision should be a warning to other bullies: You can no longer use the courts as a weapon to silence your critics.”
The justice ruled that the online comments about poor conditions at Foxcroft Village involving leaking sewage systems, unreliable water service, lack of garbage disposal, and unresponsive management, were matters of public concern. The court pointed out that those same substandard conditions had led to a lawsuit against Foxcroft Village and its owners by the State Attorney General, as well as enforcement actions by the State Department of Health, and numerous complaints from the Town of Fallsburg Building
Department.
“This is an important decision,” attorney Watkins said. “Hopefully, by the end of this case, the owners of Fox croft Village will deeply regret ever trying to bully my clients into silence.”
