From a decision Friday by Manhattan trial judge Judy Kim:
Plaintiff, [a] resident building manager … brings this defamation action alleging that defendant Jean Mamakos, who owns an apartment in the Building, defamed him by falsely stating, repeatedly, that he had sexually assaulted her. Plaintiff alleged … [that] defendant informed the police officers who reported to the Building that she wished to file a complaint against plaintiff for sexual harassment and sexual assault (though no complaint was ever filed). Later, at a meeting of the Building's board …, defendant stated that plaintiff had threatened to shut off her water unless she performed "sexual favors." {Plaintiff also testified that a plumber who provided services in the Building told him that defendant had repeated these allegations ….} Thereafter, … defendant distributed a flyer to every apartment in the Building stating as follows:
I was sexually attacked/assaulted by super, Joseph Coutelier, in August. I'm the owner in the Colonnade, apartment 32-F for 35 years. If you have anything to add regarding the behavior of this person, I'd be interested in your contacting me. Jean Mamakos
Plaintiff sued; eventually, defendant's lawyer withdrew, defendant didn't hire a new lawyer, and then failed to appear at a conference and otherwise comply with court rules. The court therefore, in effect, granted plaintiff default judgment:
