LEONE v. ROSENWACH


245 A.D.2d 343 (1997)

665 N.Y.S.2d 594

Robert Leone et al., Respondents, v. Andrew Rosenwach et al., Appellants

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

December 8, 1997


Ordered that the order is reversed insofar as appealed from, with costs, that branch of the motion which was to dismiss the second cause of action is granted, and the second cause of action is dismissed.

The Supreme Court improperly denied that branch of the defendants' motion which was to dismiss the plaintiffs' cause of action alleging defamation. "Where a plaintiff alleges that statements are false and defamatory, the legal question for the court on a motion to...

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