Opinion
September 25, 1995
Appeal from the Supreme Court, Westchester County (Colabella J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, Andrew Schiffer, commenced this action seeking injunctive relief and to recover damages, inter alia, for defamation against the Tarrytown Boat Club, Inc., a not-for-profit corporation, and certain members of the club's board of directors. The plaintiff alleged, among other things, that the defendants violated the constitution and bylaws of the boat club by suspending and expelling him from the club without good cause. The plaintiff also alleges that the defendants libeled him by posting a notice of his suspension and possible expulsion on the club's bulletin board.
The Supreme Court properly dismissed the causes of action seeking injunctive relief. The claims which contest the suspension and expulsion of the plaintiff for failure to follow the constitution and bylaws of the boat club are properly reviewable in a proceeding pursuant to CPLR article 78 since an incorporated not-for-profit corporation is subject to mandamus (see, Matter of Sines v Opportunities for Broome, 156 A.D.2d 878, 879; Matter of Paglia v Staten Is. Little League, 38 A.D.2d 575). Consequently, pursuant to CPLR 217 (1), these causes of action are time-barred by the four-month limitation period for proceedings pursuant to CPLR article 78.
Upon review of the notice announcing the plaintiff's suspension and possible expulsion from the boat club, we find that the notice was true in its entirety because the plaintiff had been suspended by the club and was being considered for possible expulsion. The notice was therefore not defamatory since truth is an absolute defense to a libel action (Licitra v Faraldo, 130 A.D.2d 555; Rinaldi v Holt, Rinehart Winston, 42 N.Y.2d 369, rearg denied 42 N.Y.2d 1015, cert denied 434 U.S. 969).
The plaintiff's remaining contentions are without merit. Rosenblatt, J.P., Altman, Hart and Friedmann, JJ., concur.