Serota v. Strauss

Appellate Division of the Supreme Court of New York

Serota v. Strauss

141 A.D.2d 531, 529 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 6291

Appellate Division of the Supreme Court of the State of New York·Decided June 6, 1988·Published

Opinion

In an action, inter alia, to recover damages for defamation, the plaintiff Irving Serota appeals from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated March 24, 1987, as denied those branches of his motion which were for summary judgment on the claims for defamation.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that there exist triable issues of fact regarding the defendant’s defenses to the defamation claims asserted by the appellant which preclude the granting of summary judgment. Bracken, J. P., Brown, Lawrence and Spatt, JJ., concur.

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In an action, inter alia, to recover damages for defamation, the plaintiff Irving Serota appeals from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated March 24, 1987, as denied those branches of his motion which were for summary judgment on the claims for defamation.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that there exist triable issues of fact regarding the defendant’s defenses to the defamation claims asserted by the appellant which preclude the granting of summary judgment. Bracken, J. P., Brown, Lawrence and Spatt, JJ., concur.

Serota v. Strauss, 141 A.D.2d 531, 529 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 6291 (N.Y. Ct. App. 1988).

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