Case Notes by Joseph Goljan, Associate, Braverman Greenspun

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First published: Feb 2026

Packages, Protests, and Protected Speech

TAKEAWAY As noted by Judge Rosado, this is a case about “good corporate citizenship.” This decision reinforces that courts strongly protect resident and board communications with regulators, even when motivated by hostility toward a commercial neighbor. Boards do not incur tort liability simply by raising safety or quality of life issues with city agencies, even if those complaints lead to inspections, police visits, or business disruption. However, the opinion also implicitly warns against informal or personal tactics. Allegations about publishing a tenant’s phone number, encouraging harassment, or staging confrontations, while insufficient here, illustrate how easily governance disputes can escalate into reputational and litigation risk. Best practice remains disciplined procedural enforcement: written rule violations, documented inspections, coordinated communication through counsel, and reliance on formal regulatory mechanisms. Boards should avoid acting as neighborhood activists and instead operate as corporate fiduciaries. When boards remain institutional, neutral, and process-driven, they benefit from both substantive tort defenses and the powerful shield of New York’s anti-SLAPP statute.

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Case Notes by

Joseph Goljan, Associate, Braverman Greenspun

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Author

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First published: Feb 2026