Kaufman v. Farris

Appellate Division of the Supreme Court of New York

Kaufman v. Farris

293 A.D.2d 654, 740 N.Y.S.2d 627, 2002 N.Y. App. Div. LEXIS 3912

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 2002·Published·Cited by 1 cases

Opinion

In an action, inter alia, to recover damages for defamation, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 17, 2001, as granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s statements about which the plaintiff complains were expressions of opinion. Since they were accompanied by a recitation of the facts upon which such opinion was based, they are not actionable as defamation (see Gross v New York Times Co., 82 NY2d 146; Steinhilber v Alphonse, 68 NY2d 283; Zuber v Bordier, 135 AD2d 709). The defendant’s motion to dismiss the complaint, therefore, was properly granted.

In light of our determination, we need not reach the plaintiff’s remaining contentions. Altman, J.P., Krausman, Goldstein and Adams, JJ., concur.

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In an action, inter alia, to recover damages for defamation, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 17, 2001, as granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant’s statements about which the plaintiff complains were expressions of opinion. Since they were accompanied by a recitation of the facts upon which such opinion was based, they are not actionable as defamation (see Gross v New York Times Co., 82 NY2d 146; Steinhilber v Alphonse, 68 NY2d 283; Zuber v Bordier, 135 AD2d 709). The defendant’s motion to dismiss the complaint, therefore, was properly granted.

In light of our determination, we need not reach the plaintiff’s remaining contentions. Altman, J.P., Krausman, Goldstein and Adams, JJ., concur.

Kaufman v. Farris, 293 A.D.2d 654, 740 N.Y.S.2d 627, 2002 N.Y. App. Div. LEXIS 3912 (N.Y. Ct. App. 2002).

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Opinion

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