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ALLEN v. GORDON

86 A.D.2d 514 (1982)

Eugene Allen, Respondent-Appellant, v. Barbara Gordon et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 12, 1982

Plaintiff's action is for libel, invasion of privacy, negligence and injunctive relief. Under Rovello v Orofino Realty Co. (40 N.Y.2d 633) and Guggenheimer v Ginzburg (43 N.Y.2d 268), it is clear that where the affidavits on a motion to dismiss made under CPLR 3211 (subd [a], par 7) conclusively establish that plaintiff has no cause of action,...

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