On December 18, 2025, the First Department issued a decision in Irizarry v. Zelaya, 2025 NY Slip Op. 07096, applying the malicious litigation exception to the fair report privilege, explaining:
Plaintiff opposed defendant Betty Lugo in the June 2021 Democratic primary election for the office of Judge of the Civil Court of the City of New York. Defendant Raymond Cline is a political consultant who was hired by Lugo. Defendant Ariana Zelaya was a volunteer for the Lugo campaign. Zelaya alleged that while standing on a public sidewalk in Manhattan, petitioning for Lugo, plaintiff “walked up to [Zelaya], stood very closely to her and aggressively grabbed the petition board from [Zelaya’s] hands with force placing her in imminent fear of harm” and also “aggressively yelled at [Zelaya’s] in a menacing and intimidating manner with the intent to cause intimidation, harm and fear.” Zelaya initiated two actions against plaintiff, both of which were dismissed. Zelaya also filed a complaint with the police, which was dismissed as well. Plaintiff commenced this action for defamation and conspiracy to defame based upon allegedly false statements, made in a campaign flyer and in tweets posted by Zelaya, accusing plaintiff of assaulting or harassing Zelaya and of abusing women more generally.
It is undisputed that this is an action involving public petition and participation within the meaning of New York’s anti-strategic lawsuits against public participation law. The motions to dismiss therefore shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law.
. . .
Plaintiff has also presented sufficient proof to support the conclusion that the reprinting of the summons with notice in a related litigation falls within the malicious litigation exception to the fair report privilege.
(Internal citations omitted).