Paul, Weiss Wins Dismissal, on Appeal, of Lawsuit Against Make the Road New York

Paul, Weiss won the dismissal, on appeal, of all remaining claims against pro bono client Make the Road New York, the state’s largest progressive immigrant-led grassroots nonprofit, and two former organizers of the group, by the owners of a Section 8 housing complex on Staten Island.

In their lawsuit filed in state court in Staten Island in April 2017, the housing complex owners asserted five claims against the Make the Road defendants, seeking a minimum of $25 million in damages, after Make the Road engaged in a tenant organizing campaign in their buildings. In March 2018, on a motion for reargument of a previously denied motion to dismiss, Paul, Weiss secured the dismissal of three claims, tortious interference with business relations, nuisance and intentional infliction of emotional distress. The lower court permitted plaintiffs to proceed on their two remaining claims for defamation and tortious interference with contract.

On appeal, the New York Appellate Division, Second Department adopted essentially all of the arguments made by Paul, Weiss, reversing the trial court, holding that the plaintiffs failed to set forth the necessary elements of both claims, and ordering the remaining claims dismissed.

All that remains of the case are Make the Road’s counterclaims, including an allegation that the entire action was an impermissible strategic lawsuit against public participation, or SLAPP, intended to censor, intimidate or silence critics. Paul, Weiss has moved for summary judgment on this and other counterclaims, seeking attorneys’ fees, compensatory and punitive damages, and injunctive relief.

The Paul, Weiss team includes litigation associates Jeremy Benjamin and Ben Bergmann. Jeremy argued the appeal. The matter is being supervised by litigation partner Gregory Laufer.