MapleWood Equity Partners v. Casita

Appellate Division of the Supreme Court of New York

MapleWood Equity Partners v. Casita

60 A.D.3d 487, 873 N.Y.S.2d 906

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

DecidedMarch 12, 2009

StatusPublished

This text of 60 A.D.3d 487 (MapleWood Equity Partners v. Casita) 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

MapleWood Equity Partners v. Casita, 60 A.D.3d 487, 873 N.Y.S.2d 906 (N.Y. Ct. App. 2009).

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Opinion

— Order, Supreme Court, New York County (Helen E. Freedman, J.), entered January 2, 2008, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

This action, filed approximately 20 months after the publication of the allegedly defamatory statements, is barred by the one-year statute of limitations (CPLR 215 [3]), and there was no basis for tolling the statute (see Shared Communications Servs. of ESR, Inc. v Goldman, Sachs & Co., 38 AD3d 325 [2007]). In any event, these statements were either privileged under Civil Rights Law § 74 (see Freeze Right Refrig. & A.C. [488]*488Servs. v City of New York, 101 AD2d 175 [1984]), subject to a qualified privilege (see Foster v Churchill, 87 NY2d 744, 751 [1996]), protected as pure opinion (see Milkovich v Lorain Journal Co., 497 US 1, 17-21 [1990]), or not pleaded with sufficient particularity (see Murganti v Weber, 248 AD2d 208 [1998]). Concur—Andrias, J.P., Saxe, Acosta and Renwick, JJ. [See 2007 NY Slip Op 34257(U).]

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— Order, Supreme Court, New York County (Helen E. Freedman, J.), entered January 2, 2008, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

This action, filed approximately 20 months after the publication of the allegedly defamatory statements, is barred by the one-year statute of limitations (CPLR 215 [3]), and there was no basis for tolling the statute (see Shared Communications Servs. of ESR, Inc. v Goldman, Sachs & Co., 38 AD3d 325 [2007]). In any event, these statements were either privileged under Civil Rights Law § 74 (see Freeze Right Refrig. & A.C. [488]*488Servs. v City of New York, 101 AD2d 175 [1984]), subject to a qualified privilege (see Foster v Churchill, 87 NY2d 744, 751 [1996]), protected as pure opinion (see Milkovich v Lorain Journal Co., 497 US 1, 17-21 [1990]), or not pleaded with sufficient particularity (see Murganti v Weber, 248 AD2d 208 [1998]). Concur—Andrias, J.P., Saxe, Acosta and Renwick, JJ. [See 2007 NY Slip Op 34257(U).]

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Bluebook (online)

60 A.D.3d 487, 873 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maplewood-equity-partners-v-casita-nyappdiv-2009.

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