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RIZWAN GONDAL, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

According to the complaint, injurious statements were made about plaintiff's performance as a teacher by the principal of the New York City public school in which he worked. Plaintiff's claims, however, insofar as they purport to seek damages for defamation, are time-barred, since plaintiff failed to file a notice of claim within the applicable three-month statutory period ( see Education Law § 3813) and never timely sought permission of the court for a filing extension ( see Education Law § 3813 [2-a], [2-b]).

Plaintiff, in any event, alleges no cognizable claim for defamation: the complained-of statements either were not published to third parties ( see Sieger v. Union of Orthodox Rabbis of U.S. Can., 1 AD3d 180, 183, appeal dismissed 2 NY3d 758, lv denied 3 NY3d 604), were undisputedly true ( see Aguinaga v. 342 E. 72nd St. Corp., 14 AD3d 304, 305), or were shielded by the qualified privilege accorded communications between parties on matters in which they share a common interest, plaintiff's conclusory allegations of malice being insufficient to overcome the privilege ( see Hanlin v. Sternlicht, 6 AD3d 334).

Plaintiff's remaining arguments are unavailing.

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GONDAL v. NEW YORK CITY DEPT. OF EDUCATION
(Jun 7, 2005)