Bostich v. United States Trust Corp.

Appellate Division of the Supreme Court of New York

Bostich v. United States Trust Corp.

233 A.D.2d 193, 650 N.Y.S.2d 524, 1996 N.Y. App. Div. LEXIS 11805

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 1996

StatusPublished

Cited by1 cases

This text of 233 A.D.2d 193 (Bostich v. United States Trust Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bostich v. United States Trust Corp., 233 A.D.2d 193, 650 N.Y.S.2d 524, 1996 N.Y. App. Div. LEXIS 11805 (N.Y. Ct. App. 1996).

Pincite

Opinion

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 23, 1995, which granted defendants’ motion to [194]*194dismiss for failure to state a cause of action and for sanctions pursuant to CPLR 8303-a, unanimously affirmed, with costs.

The action was properly dismissed because plaintiffs failed to establish any link between the allegedly defamatory utterances and the parties being sued. Moreover, the statements, viewed in context, are constitutionally protected expressions of opinion. We also agree with the IAS Court that the action is frivolous and a sanction of $500 against plaintiffs and $500 against their attorneys is warranted pursuant to CPLR 8303-a. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 23, 1995, which granted defendants’ motion to [194]*194dismiss for failure to state a cause of action and for sanctions pursuant to CPLR 8303-a, unanimously affirmed, with costs.

The action was properly dismissed because plaintiffs failed to establish any link between the allegedly defamatory utterances and the parties being sued. Moreover, the statements, viewed in context, are constitutionally protected expressions of opinion. We also agree with the IAS Court that the action is frivolous and a sanction of $500 against plaintiffs and $500 against their attorneys is warranted pursuant to CPLR 8303-a. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

233 A.D.2d 193, 650 N.Y.S.2d 524, 1996 N.Y. App. Div. LEXIS 11805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostich-v-united-states-trust-corp-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack