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LEMBERG v. JOHN BLAIR COMMUNICATIONS, INC.

258 A.D.2d 291 (1999)

685 N.Y.S.2d 435

STEVEN LEMBERG et al., Respondents, v. JOHN BLAIR COMMUNICATIONS, INC., et al., Appellants.

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

Decided February 9, 1999.

Defendants moved, in February 1997, to dismiss the original complaint for failure to state a cause of action, inter alia. It was during the pendency of that motion that plaintiffs served their amended complaint, adding the two individual defendants and asserting two new causes of action—a "fourth" alleging defamation against all defendants, and a "fifth" alleging unlawful retaliation in the form of malicious prosecution...

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