ROSENBERG v. HOME BOX OFFICE, INC.


33 A.D.3d 550 (2006)

822 N.Y.S.2d 921

STEVEN ROSENBERG, Appellant, v. HOME BOX OFFICE, INC., et al., Respondents.

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

Decided October 26, 2006.


The defamation cause of action was insufficiently pleaded. Plaintiff failed to plead the time, place and manner in which the alleged words were stated, or any specifics as to third persons to whom the words were communicated (see Williams v Varig Brazilian Airlines, 169 A.D.2d 434, 437 [1991], lv denied 78 N.Y.2d 854 [1991]). The court properly declined to consider the belated assertion of injurious falsehood, for which we...

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