Chang v. Fa-Yun

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered April 28, 1999, which, in an action for a declaration that plaintiff is an officer and director of the subject not-for-profit corporation, defamation and breach of fiduciary duty, insofar as appealed from, denied defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, to dismiss the cause of action for defamation, and otherwise affirmed, without costs.

The cause of action for defamation, based on a community newspaper advertisement announcing plaintiffs…