Kahlon v. Lewis

122 A.D.3d 483, 995 N.Y.S.2d 506

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 18, 2014
• Docket: 13507 103028/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 30, 2013, which denied plaintiffs motion for summary judgment, and, upon a search of the record, granted defendant summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly dismissed the complaint since plaintiff failed to particularize the alleged defamatory statement made by defendant (see CPLR 3016 [a]; Khan v Duane Reade, 7 AD3d 311 [1st Dept 2004]). Even if we were to evaluate the alleged statement made by defendant that was included in plaintiffs motion papers, the statement was not defamatory as a matter of law (see Brian v Richardson, 87 NY2d 46, 51 [1995]; Dillon v City of New York, 261 AD2d 34, 38-39 [1st Dept 1999]).

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Tom, J.E, Renwick, Andrias, De-Grasse and Kapnick, JJ. [Prior Case History: 2013 NY Slip Op 32308(U).]