Guerrero v. Carva

In Guerrero v. Carva, 10 AD3d 105, 117, 779 N.Y.S.2d 12 (1st Dep't 2004), two tenants published flyers attacking the developer as a businessman, but also accused him of immorality, racism, and other evils. 10 AD3d at 108. The court did not extend anti-SLAPP protection to defendants because, although the flyers were sent to public housing agencies, defendants "did not identify any particular application or permit that plaintiffs have sought or received. Nor did they cite any specific proceeding pending before an administrative agency in which they were advocating in opposition to the plaintiffs." Id. at 117. In Guerrero, there was no evidence that any application or permission was pending in plaintiff's behalf before any public agency. While it is likely that Guerrero's extensive real estate operations might have brought him to the attention of HPD and/or DHCR in the future, neither agency was poised to act against his interests even if it believed the accusations conveyed in the flyers were true.